Do Not Call?

By Joan Leah Middleton

We all know the joy of receiving unsolicited telemarketing calls in our homes, typically during the dinner hour. The national Do Not Call registry, administered by the Federal Trade Commission (FTC), is a national response to curtail unwanted commercial phone calls and is a call-blocking service.

The Federal Communications Commission (FCC) recently expanded the implementation rules of the Telephone Consumer Protection Act of 1991 (TCPA). Under the rules, consumers have the choice of whether or not to receive telemarketing calls in their homes. The Do Not Call registry offers phone number registration for consumers to stop telemarketers from calling private residences. Registration is either online (www.donotcall.gov) or the consumer may call 1-888-382-1222 from the phone number they wish added to the registry. Enforcement power is with both the FTC and the FCC. A Memorandum of Understanding signed by both agencies details the enforcement functions of each.

Telemarketers sought to block the implementation of the Do Not Call list, claiming violation of First Amendment rights. As the Bar Bulletin goes to press, a federal court found that the FCC did not have the authority to create the Do Not Call registry. This ruling will be appealed. Meanwhile, Congress is considering explicitly authorizing the FCC's actions.

Phone numbers registered with the FTC by August 31, 2003 are to be on the first national Do Not Call list. Effective October 1, 2003, these phone numbers are to be blocked to telemarketing calls.

Beginning on September 2, 2003, telemarketers may have to check the list every three months to see who doesn't want to be called. Telemarketers who call listed people could be fined up to $11,000 for each violation. Consumers who are registered with Do Not Call, but receive unwanted calls, would file complaints to an automated phone or online system. Sixty million phone numbers are expected to be registered by the end of the year with over 42 million by the initial August 31 deadline alone.

Those who sign up after the initial August 31 deadline are expected to have to wait until early next year for calls to be blocked. When telemarketers check the first Do Not Call list, they don't have to look again for three months. The list is expected to block 80 percent of telemarketing calls, but charitable organizations, pollsters, and political campaign calls are exempt. A company can also call if a resident in the home has bought, leased or rented from the company in the past 18 months or inquired about a product in the past three months.

Regarless of whether the Do Not Call registry is enforced, you can avoid future calls from a particular business by stating you want to be added to the caller's Do Not Call list. The telemarketer is required to keep a record of your request for ten years and not call again. Request the company name and address along with an explanation of the sales offer. Use this information to file your complaint. Consumers may also remove their name from a company's call list by sending a written request to: Telephone Preference Service, Direct Marketing Association, P.O. Box 9014, Farmingdale, NY 11735-9014. n