What is the Do Not Call List?
The National Do Not Call (DNC) Registry went into effect in 2003, making it illegal for most telemarketers or sellers to call a number on the list. The national registry applies to any plan, program, or campaign to sell goods or services through interstate phone calls. This includes telemarketers who solicit consumers, often on behalf of third-party sellers.
A telemarketer or seller may call a consumer with whom it has an established business relationship for up to 18 months after the consumer's last purchase, delivery, or payment—even if the consumer's number is on the National Do Not Call Registry. A company may call a consumer for up to three months after the consumer makes an inquiry or submits an application to the company. If a consumer has given a company written permission, the company may call even if the consumer's number is on the National Do Not Call Registry. If a consumer that has an established relationship with a company asks the company to stop calling, the company must honor the request.
Eleven states have their own Do Not Call lists that telemarketers need to be aware of.
Complying with Do Not Call Rules
Telemarketers are required to search the registry at least once every 31 days and drop any registered numbers from their call lists. The information is available to telemarketers at www.telemarketing.donotcall.gov.
When accessing the system for the first time, organizations need to provide information, such as name and address, assign an authorized representative, and provide their phone number and email address. If an organization is accessing the registry on behalf of a client, it may need to identify the client.
On return visits to the website, organizations can download either a complete list of numbers from selected area codes or a list that only shows additions or deletions since the last download. Small-volume callers can also use an Interactive Phone Number Search Feature to avoid having to download large lists of all the registered telephone numbers within a particular area.
The only consumer information available on the registry is the registrant's telephone number.
Fees on the National Do Not Call Registry are based on the number of area codes that are in your subscription. The first five area codes in a subscription are free. After that, each area code costs $75 up to a maximum of $20,740 for all the area codes in the US.
The Risks of Non-compliance
Companies face risks from both regulators and consumers. Organizations that violate the Do Not Call (DNC) provision of the Telemarketing Sales Rule (TSR) can be fined as much as $50,120 per call. The Federal Trade Commission is responsible for enforcing DNC regulations.
A consumer who receives a telemarketing call despite being on the registry can file a complaint with the FTC. Also, The Telephone Consumer Protection Act (TCPA) provides consumers with a private right of action that allows them to directly seek damages from a company for violations of the National DNC Registry rules.
How We Can Help
Our qualified experts understand the impact telemarketing regulations, including the Do Not Call List, the TCPA, and TSR can have on your operations and can work with you to ensure compliance while facilitating your sales and marketing goals.
Failure to comply with relevant legislation can have a devastating impact on your business. Don't take chances – let our experts help! CompliancePoint has a variety of services that companies can leverage to meet their Telemarketing Compliance goals.
As part of the assessment process, our experts will use their experience to evaluate your current and proposed calling and/or texting activities to ensure these activities are not putting your business at risk.