Do Not Call List Update

"Do Not Call" List Update

According to the Federal Trade Commission, their amended TSR (Telemarketing Sales Rule) will put consumers in charge of the number of telemarketing calls they receive at home. By creating a national "do not call" registry, the FTC will make it easier and more efficient for consumers to stop getting unwanted telemarketing sales calls.

The National "Do Not Call" Registry is Online!

In July 2003, consumers began registering for the national "do not call" registry online at (http://donotcall.gov/). Two million people registered the first day! Why don't you put down this book right now and register? Simply logon or call 888-382-1222 from the phone number you want to register. In September, 2003, telemarketers and other sellers will have access to the registry. They will be required to scrub their call lists against the national "do not call" registry at least once every 90 days.

Figure 5.10: National "do not call" list site

In October, 2003, the FCC and each state will start to enforce the national "do not call" registry provisions of the amended TSR. Violators are subject to a fine of up to $11,000 per violation. At this point, consumers on the registry should start to get fewer telemarketing calls.

Don't allow the late breaking legal wrangling to dissuade you from registering for the National Do Not Call list. When the smoke clears ”and you can be sure it will because President Bush, Congress, the FTC, and the FCC have all interceded on the consumer's behalf ”you'll be one of the 50 million plus Americans who reap the immediate benefits.

How Does the National "Do Not Call" Registry Work?

If you register by phone, you will have to call from the telephone number that you wish to register. If you register online, you may need to provide limited personal information for confirmation. The only identifying information that will be kept in the registry will be the phone number you register. You can expect fewer calls within three months of signing up for the registry.

Your number will stay in the registry for five years or until you remove it or change phone numbers . After five years, you will be able to renew your registration.

The law requires telemarketers to search the registry every 90 days and delete phone numbers on the registry from their call lists. If you find that you are receiving telemarketing calls even after you register your telephone number, you can file a complaint with the FTC online or by calling a toll-free number. A telemarketer who disregards the national "do not call" registry could be fined up to $11,000 for each call.

Who is Covered by the National "Do Not Call" Registry?

Placing your number on the national "do not call" registry will stop most (but not all) telemarketing calls. Some businesses are exempt from the TSR and can still call you even if you place your number on the registry. (These include long-distance phone companies, airlines, and insurance companies that operate under state regulations.) However, most telemarketing calls are placed by professional telemarketing companies, and they are not exempt ”even if they are calling on behalf of an exempt company. The bottom line: professional telemarketers cannot call you if you are on the registry.

Certain other businesses are not required to go by the list. For example, an organization with which you have an established business relationship can call you for up to 18 months after your last purchase, payment, or delivery ” even if your name is on the national "do not call" registry. And companies to which you've made an inquiry or submitted an application can call you for three months. However, if you ask a company not to call you it must honor your request, even if you have an established business relationship.

If you place your number on the national registry, you may give written permission to particular companies from whom you want to hear. And, if you don't put your number on the national registry, you can still prohibit individual telemarketers from calling by asking them to put you on their company's "do not call" list.

One more important point: although callers soliciting charitable contributions do not have to search the national registry, for-profit telemarketers calling on behalf of charitable organizations must honor your request to be put on their "do not call" lists.

How Does the National "Do Not Call" Registry Square with State Lists?

Many states have "do not call" registries. The FTC is working to coordinate the national "do not call" registry with these states to avoid duplication. This process will take a year or more; check the FTC's Web site or your state attorney general's office for details.

Unauthorized Billing

Before billing charges to your credit card account, telemarketers will be required to get your express informed consent to be charged a specific amount. If a telemarketer has your account information before the call and offers you goods or services on a free-trial basis before charging you automatically ”also known as a "free-to-pay conversion" offer ”the telemarketer must get your permission to use a particular account number; ask you to confirm the number by repeating the last four digits; and, for your protection, record the entire phone transaction.

Caller ID Transmission

Telemarketers will be required to transmit their telephone number and, if possible, their name to your caller ID service. This will protect your privacy, increase telemarketer accountability, and help law enforcement efforts. This provision will take effect one year after the release of the TSR.

The FTC enters Internet, telemarketing, identity theft, and other fraud- related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad. To file a complaint or get information on consumer issues, visit http://www.ftc.gov or call toll-free 1-877-FTC-HELP (1-877-382-4357) or TTY 1-866-653-4261.