Disclaimer: This blog is for general information purposes only and does not constitute legal advice and does not create or intend to create an attorney-client relationship. This blog post should never be used to replace the advice of your personal attorney.
The National Do Not Call list is a database of landline and cell phone numbers that sellers and telemarketers cannot legally contact to try and sell products and services. Violators of the list can potentially receive hefty fines that can run to up to $40,000 per violation. Both the seller and the third-party telemarketer may have to pay.
Do Not Call List For Businesses
The Do Not Call Implementation Act of 2003 allowed the Federal Trade Commission to create the National Do Not Call registry which bars telemarketing campaigns from contacting the numbers of private individuals and families. Citizens can register for free on the www.donotcall.gov. The Act doesn’t have provisions for business-to-business calls. Other exemptions include political fundraising, calls from charitable and non-profit organizations.
What Can I Do If I Want My Business On The Do Not Call List?
Even though the National Do Not Call Registry can help you very little in that respect, there are still steps you can take. The federal law dictates that if a business requests a particular seller not to contact them by phone, the seller cannot legally make unwanted telemarketing calls. Suppose you’ve expressively requested a company not to contact you, and that still happens. You can file a consumer complaint with your local branch of the Federal Communications Commission or the Federal Trade Commission. Both the FCC and the FTC take complaints very seriously.
The Rules Of The DNC List For Businesses
Even though the DNC doesn’t protect businesses from telemarketing calls, there are still things every head of company needs to know about the National Do Not Call Registry so that their enterprise doesn’t suffer from fines for illegal calls. It would be best if you acquainted yourself with the rules and regulations no matter whether your company performs the sales call itself or hires a third-party telemarketer for the purpose.
Both Sellers And Telemarketers May Have To Pay Fines
Knowing the rules is important as ignorance isn’t an excuse for neither the Federal Trade Commission nor the Federal Communications Commission. If a number on the Do Not Call list receives a call about a product or service you offer, you may have to pay a small fortune. All that the individual filing a consumer complaint has to do is prove that:
- Their number is on the registry
- You don’t have explicit written permission to call them
- You don’t share a pre-existing business relationship
- You or the telemarketer made the call after the 31 day period
Even if, as a seller, you have followed all protocols, the FTC may still fine you if the telemarketer you hired chose to ignore them. That is why you should be very careful whom you entrust with running your telemarketing campaign.
How To Check If A Number Is On The Do Not Call List
The process is so simple.
- Register for TCPA Protect
- Confirm your TCPA Protect Package
- Start using our Service
Why Was The National Do Not Call List Created?
The basic idea of The Do Not Call Implementation Act of 2003 was to protect citizens of the United States from unsolicited sales calls. If a person doesn’t have a prior business relationship with your company and doesn’t want one, you don’t have the right to contact them. The Act also has provisions that protect individuals and their families from phone scammers. Unfortunately, such exist, and law enforcement goes to great lengths to protect consumers from all sorts of fraud, extortion, and other forms of abuse, though combating scams is difficult due to call spoofing. Phone companies also benefit because their subscribers don’t suffer from unwanted calls.
How To Check If Your Number Is On The DNC List
The easiest way to check if your personal number is on the list, is by going to www.donotcall.gov. If you prefer to do things over the phone, call 1-888-382-1222, which is a toll-free number. You will then receive the necessary information from the FTC.
The Number One Telemarketing Sales Rule
Don’t go near a number that you’ve seen on the Do Not Call list. The only way such a number can disappear from the registry is if the owner requests its removal, or the number expires. Experience shows, however, that once a number enters the list, it stays there. Dialers that don’t comply with the rules get easily caught. The fines are high enough that even relatively big businesses have filed for bankruptcy protection after a consumer complaint from an unwanted phone call. Remember that every unwanted telephone solicitation counts as a separate violation.
What Can Your Business Do About The National Do Not Call Registry?
If you don’t want your business to receive sales calls from other companies, tell them. Every business and telemarketing operation has to maintain its own Do Not Call List and enter the telephone numbers of individuals that request to get added to it. Remember that if you’ve not had prior business relations with the company, it isn’t unlawful to seek you out with a sales pitch. More or less, the same rules and regulations apply to call to political organizations and charitable organizations.
From a business standpoint, you should make sure you strictly follow the rules. If you have any questions about the Do Not Call list and how it applies to your business, don’t hesitate to contact TCPA Protect, or your local branch of the Federal Communications Commission. Violators of the rules do not fare well, though, everyone is eager to help a company willing to accommodate consumer protection. It’s only beneficial to your business.