A while back, an email made the rounds warning consumers about a cell phone Do Not Call list. The email stated that "In a few weeks, cell phone numbers are being released to telemarketing companies and you will start to receive sale calls. YOU WILL BE CHARGED FOR THESE CALLS." Naturally, consumers reacted by signing their cell phone numbers up to the national Do Not Call registry in record numbers-thinking they were signing up for a cell phone Do Not Call list.
The confusion arose because of plans cellular providers were making to set up a 411-directory of cell phone numbers, similar to a yellow pages directory but available only to those who call into 411 and accept the charges. The email threatened that cellular companies would sell these lists to telemarketers, and urged people to sign up for a cell phone Do Not Call list. The rumors were later shown to be untrue-but so was the existence of a cell phone Do Not Call list.
Consumers can sign up their cell phone numbers on the Do Not Call registry. But they don't have to-there is no cell phone Do Not Call list. And with good reason: there is no cell phone Do Not Call list because it's not needed-calling any cell phone with an automatic dialer is illegal in most cases.
However, some businesses maintain that there should be a cell phone Do Not Call list. This is because it's getting more and more difficult to tell cell phone numbers from landlines-especially since people can now transfer their land line numbers to their cell phones. A cell phone Do Not Call list is desirable in this situation. Many agree that a cell phone Do Not Call list would simplify things for businesses.
There may not be a cell phone Do Not Call list, but that doesn't mean you can call cell phones. However, there are a few exceptions to this rule. Business cell phones are not covered. Neither are cell phone numbers a customer has given you prior permission to call. In addition, cell phone Do Not Call list laws apply specifically to autodialers. If you are dialing numbers manually, you may be able to slip through the loophole in the cell phone Do Not Call list law.
However, even with these exceptions to cell phone Do Not Call list law, it's inadvisable to call cell phones. This is because customers are charged for every minute you're on the phone with them. If you think customers get irate if you interrupt their dinner, wait until you interrupt their dinner and then charge them for it. A cell phone Do Not Call list may limit your calling abilities further in some cases-but a cell phone Do Not Call list would also enforce common courtesy and keep angry consumers to a minimum.
So is a cell phone Do Not Call list needed? Although many businesses believe a cell phone Do Not Call list would help their compliance, there is no plan in the works to establish a cell phone Do Not Call list in the near future. If you're looking into starting a telemarketing campaign and have questions about cell phone Do Not Call lists or about your company's compliance, it's highly recommended that you consult with an attorney.
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