National Do Not Call Laws: The FTC and FCC maintain a national Do-Not-Call law (DNC) list. Consumers can easily add their numbers to this database by visiting the FCC’s website. Over 75% of all residential telephone numbers are now on the national No-Not Call law list. It is a violation to call numbers on the national Do Not Call law list unless you have an exemption. Telemarketers must purchase the DNC database and regularly scrub against the updated list. When a call center first registers to obtain the Do-Not-Call list, they will be assigned a business-specific "Subscription Account Number." The Do Not Call law Subscription Account Number (SAN) will allow you to obtain your first 5 area codes for free (all numbers added to the DNC from those particular area codes). Then, the telemarketer must purchase additional area codes for fee of $59 per area code up to a maximum annual fee of $16,228 for the entire nation. Telemarketers are not required to purchase Do Not Call area code data for locations where they do not call. For example, if the call center will only be calling certain states, the call center will only need to purchase the area codes from those particular states.
Possible national Do-Not-Call law exemptions for telemarketers include: (1) Consent - they gave you prior express written consent to call; (2) Established Business Relationship/EBR - they previously purchased something from you within last 18 months or they contacted you to inquire about your products/services within the last 3 months; (3) Informational - your call is not telemarketing because you do not make any sales presentation on the phone and your call is not part of a broader plan intended to ultimately result in a sale; (4) certain calls by tax exempt, non-profit entities; and (5) business to business calls. State-specific Do Not Call law exemptions vary greatly so you should read the local Do Not Call laws carefully. Always confirm exemptions with an experienced Do-Not-Call lawyer before claiming a Do Not Call law exemption.
Asside from the national and state Do Not Call law lists, you must also keep an internal DNC opt-out list. You are required to honor all opt-out requests regardless of how you receive them. You will receive much of your opt-out data over the phone when call recipients ask not to be called again, but you must also honor opt-outs received in writing, from a separate inbound call, email or otherwise. You must store all your opt-out data and regularly scrub your calling lists against this list (“internal DNC” or “entity-specific DNC”). Violations of internal Do-Not-Call requests are a leading cause of consumer complaints, government enforcement, and telemarketing fines. You need to honor internal DNC requests and maintain opt-outs indefinitely. Make sure your phone agents are trained about how to handle opt-out requests. Have an internal Do Not Call law policy which contains instructions for handling an opt-out. Frequently audit yourself and your agents for Do Not Call law compliance.
THIS SITE IS A CURSORY SUMMARY ONLY. ERRORS AND OMISSIONS LIKELY EXIST. THIS MATERIAL IS NOT LEGAL ADVICE.