1. Can I find out everything I need to know by reading this article?
No. We're not lawyers. This article is researched to the best of our ability, but laws are continually changing. If you have specific concerns about how your business can comply with the telemarketing Do Not Call list, check out the FTC's website at www.ftc.gov/donotcall. It's also a good idea to consult with an attorney to ensure compliance.
2. What is the telemarketing Do Not Call list?
The telemarketing Do Not Call list is a list of phone numbers of those who do not wish to receive sales calls. If your business cold-calls consumers, you must abide by the telemarketing Do Not Call list maintained at the national level, as well as the one specific to the states you call in. If you call a number on the telemarketing Do Not Call list that isn't covered by an exception, you could be liable for a fee of $11,000 per call-plus the fees incurred at the state level.
3. Who must comply with the telemarketing Do Not Call list?
All for-profit businesses. Charities, public surveyors, and political campaigns are exempt from telemarketing Do Not Call list rules, for the most part.
4. If I'm a for-profit company calling with a survey and a sales pitch, am I exempt from the telemarketing Do Not Call list rules?
Including a survey with your sales pitch does not make you a public surveyor. You still must abide by the telemarketing Do Not Call list.
5. Is there anyone I can call as a for-profit business under telemarketing Do Not Call list rules?
Yes. You can call anyone who has an existing business relationship with your company, unless that person asks that you not call.
6. What is an "existing business relationship"?
You have an existing business relationship with anyone who has bought, rented, or leased a product or service, or engaged in any financial transaction, with your business in the past 18 months, or with anyone who has made an inquiry or filled out an application regarding your business within the last three months.
7. How do I access the telemarketing Do Not Call list?
The telemarketing Do Not Call list is available at this website: www.telemarketing.donotcall.gov. You will be required to provide identifying information about your company the first time you access the list.
8. Does it cost money to access the telemarketing Do Not Call list?
The first five area codes you access are free. Additional area codes are $62 each, payable annually. The annual cap is $17,050 for the entire telemarketing Do Not Call list.
9. What about state telemarketing Do Not Call lists?
Some states maintain their own telemarketing Do Not Call list separate from the national list. Others use the national list as their own. Many states have their own laws and fines regarding the telemarketing Do Not Call list. Be sure to check your state's laws and policies before making calls.
10. What happens if I don't access the telemarketing Do Not Call list?
If you don't register and download the telemarketing Do Not Call list, your company could be liable for a fine of $11,000 per each call made-even to numbers not listed on the telemarketing Do Not Call list.
11. Where can I get more information about the telemarketing Do Not Call list?
You can find more information about how to comply with the telemarketing Do Not Call list by going to www.ftc.gov/donotcall. Contact an attorney for questions about your business's specific situation.
