National Do-Not-Call Registry: What You Need To Know

National Do-Not-Call Registry

Do-Not-Call Implementation Act

Enacted in 2003, the Do-Not-Call Implementation Act was created to provide consumers with the opportunity to restrict telemarketers’ access to telephone numbers by adding them to the National Do-Not-Call Registry and reduce the amount of unwanted telemarketing communication on both an intra- and interstate basis.

Under the original Implementation Act, phone numbers added to the registry were protected for a period of 5 years, at which time each phone number would need to be renewed for an additional 5 years.  This renewal was later replaced by a permanent status, allowing consumers to register only once and remain permanently within the national registry.

The National Do-Not-Call Registry is managed by the Federal Trade Commission (FTC) and is enforced by both the FTC and the Federal Communications Commission (FCC), as well as by each state’s government.  As is the case with insurance laws, in addition to federal legislation, each state’s government has the authority to provide even more stringent consumer privacy laws.

How it Works 
Once a consumer registers his or her phone number with the FTC, the phone number is added to the registry the next day and can no longer be used for telemarketing purposes.  Initially, the registry’s process includes a 31 day ‘removal period’ to allow for proper removal of such phone numbers from consumer databases and company calling lists before being able to enforce any penalty against a soliciting business or commercial entity.  After this 31-day period, a consumer can file a complaint with the FTC through the National Do-Not-Call Registry website or toll-free by phone.

The national registry is applicable to all telemarketing solicitation throughout the country and is subject to some exceptions. Penalties for soliciting to any number listed on the registry include being subject to up to a $16,000 fine to the telemarketing company in violation of the law, as well as other civil and/or criminal penalties.

Exceptions to the Law
As defined and stated by the FCC, the following situations are exempt from the National Do-Not-Call Registry:

• Calls from organizations in which a consumer has established a business or customer relationship
• Calls made with permission from the consumer
• Calls made by or on behalf of non-profit, tax-exempt groups and organizations
• Calls which are not commercial or do not include ‘unsolicited advertisements’ including calls from political organizations, charities and telephone surveyors

The FCC defines Unsolicited Advertisements as any material advertising the commercial availability or quality of any property, goods or services, which is transmitted to any person without that person’s prior express invitation or permission, in writing or otherwise.

The FTC defines an Established Business Relationship (EBR) as a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a business or residential subscriber with or without an exchange of consideration (payment), on the basis of an inquiry, application, purchase or transaction by the business or residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party.

As stated by the FTC, an established business relationship with a company exists for three (3) months after the inquiry or application.

Improvements to the Do-Not-Call Act
Since its inception, additional provisions have been added to the original Do-Not-Call Act, providing even more control to consumers, as well as businesses attempting to properly solicit their products or services to the general public.

Improving upon the efficiency and privacy of the original Act, the Do-Not-Call Improvement Act of 2007 implemented additional efforts in removing disconnected and re-assigned phone numbers, as well as retaining phone numbers within the National Do-Not-Call Registry on a permanent basis, as compared to the original 5-year renewal requirement.