Commonly Mis-Understood DNC rules
What about telephone surveys?
If the call is really for the sole purpose of conducting a survey, it is not covered. Only telemarketing calls are covered — that is, calls that solicit sales of goods or services. Callers purporting to take a survey, but also offering to sell goods or services, must comply with the National Do Not Call Registry.
Will All Telemarketing Calls Stop If I Register?
If I register my number on the National Do Not Call Registry, will it stop all telemarketing calls?
No. Placing your number on the National Do Not Call Registry will stop most telemarketing calls, but not all. Because of limitations in the jurisdiction of the FTC and FCC, calls from or on behalf of political organizations, charities, and telephone surveyors would still be permitted, as would calls from companies with which you have an existing business relationship, or those to whom you’ve provided express agreement in writing to receive their calls. However, if you ask a company with which you have an existing business relationship to place your number on its own do-not-call list, it must honor your request. You should keep a record of the date you make the request.
Are calls from political organizations or calls soliciting for charities covered?
Political solicitations are not covered by the TSR at all, since they are not included in its definition of “telemarketing.” Charities are not covered by the requirements of the national registry. However, if a third-party telemarketer is calling on behalf of a charity, a consumer may ask not to receive any more calls from, or on behalf of, that specific charity. If a third-party telemarketer calls again on behalf of that charity, the telemarketer may be subject to a fine of up to $16,000 .
What about telephone surveys?
If the call is really for the sole purpose of conducting a survey, it is not covered. Only telemarketing calls are covered — that is, calls that solicit sales of goods or services. Callers purporting to take a survey, but also offering to sell goods or services, must comply with the National Do Not Call Registry.
My number is on the National Do Not Call Registry. After I bought something from a company, a telemarketer representing that organization called me. Is this a violation?
No. By purchasing something from the company, you established a business relationship with the company. As a result, even if you put your number on the National Do Not Call Registry, that company may call you for up to 18 months after your last purchase or delivery from it, or your last payment to it, unless you ask the company not to call again. In that case, the company must honor your request not to call. If they subsequently call you again, they may be subject to a fine of up to $16,000 .
An established business relationship with a company also will be created if you make an inquiry to the company, or submit an application to it. This kind of established business relationship exists for three months after the inquiry or application. During this time, the company can call you.
If you make a specific request to that company not to call you, however, then the company may not call you, even if you have an established business relationship with that company. You should keep a record of the date you make the request.
Are telemarketing calls from overseas covered?
Yes. Any telemarketers calling U.S. consumers are covered, regardless of where they are calling from. If a company within the U.S. solicits sales through an overseas professional telemarketer, that U.S. company may be liable for any violations by the telemarketer. The FTC can initiate enforcement actions against such companies.
Other Ways To Limit Telemarketing Calls
I’m happy to have the choice to limit telemarketing contacts, but there are some telemarketing calls I don’t mind receiving. Is there a way to allow only certain companies to call?
Yes. If you give a company your written permission to call you, they may do so even if you have placed your number on the National Do Not Call Registry.
If I don’t want to put my number on the National Do Not Call Registry, can I still stop telemarketers from calling?
Yes. Even if you do not register with the National Do Not Call Registry, you can still prohibit individual telemarketers from calling by asking them to put you on their company’s do not call list.
What is the relationship between the state do not call lists and the National Do Not Call Registry in terms of coverage?
The National Do Not Call Registry requirements are at least as stringent as most state laws. Most unwanted telemarketing calls will be covered by the National Do Not Call Registry. States also can continue to enforce their laws, which will not be limited by the FTC. However, the FCC’s requirements impact some state laws. For information on the FCC’s rule, visit www.fcc.gov.
Filing a Do Not Call Complaint
When can I file a do not call complaint?
If your number has been on the National Do Not Call Registry for at least 31 days and you receive a call from a telemarketer that you believe is covered by the National Do Not Call Registry, you can file a complaint at the registry’s website at www.donotcall.gov or by calling the registry’s toll-free number at 1-888-382-1222 (TTY: 1-866-290-4236). You may also file a complaint if you received a call that used a recorded message instead of a live person (whether or not your number was on the Registry).
How do I file a do not call complaint? What do I need to file a complaint?
You can file your complaint on the registry’s website, www.donotcall.gov, using the File a Complaint page. You must provide the date that the company called you and the number that was called and respond to a question asking if the call was a prerecorded message. You may provide your name and address, but this information is not required for you to submit a complaint. You also may call the registry’s toll-free number 1-888-382-1222 (TTY: 1-866-290-4236).
What happens to my complaint?
Do not call complaints will be entered into the FTC’s Consumer Sentinel system, a secure online database available to more than 1,000 civil and criminal law enforcement agencies. While the FTC does not resolve individual consumer problems, your complaint will help us investigate the company and could lead to law enforcement action.
Where can I get more information?
If you have questions or complaints regarding the Do Not Call Registry, please contact the FTC by email at
[email protected], or by mail at:
National Do Not Call Registry
Attn: DNC Program Manager
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, DC 20580
The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a new video, How to File a Complaint, at ftc.gov/video to learn more. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
September 2009