On October 1, 2018, annual fees for access to the numbers on the National Do Not Call Registry will increase. Access to registered numbers in a single area code will go up to $63 per year while access to area codes nationwide will increase by up to $385 per year. Access to numbers on the Do Not Call Registry is conditional and companies buying access must meet guidelines set forth by the Federal Trade Commission (FTC).
Who Pays for Access to the Do Not Call Registry?
Only certain sellers, telemarketers and other service companies can gain access to the Registry. Some exempt organizations requesting access will have to undergo closer examination by the FTC. If they are found to be falsifying their information or intentions, they could face civil and/or criminal penalties.
Once a business subscribes to the Do Not Call Registry, they receive a Subscription Account Number which they can share with a telemarketing firm to make calls on their behalf. The telemarketing company uses the information to remove any numbers in their database that are on the Registry’s list.
How the Registry Works
To prevent telemarketing calls, consumers register their contact numbers on the Registry. After that, the Telemarketing Sales Rule (TSR) sets the parameters for how companies can interact with registered consumers. Organizations which have certain exemptions under this rule include:
- Political organizations
- Telephone survey companies
- Companies that already have a business relationship with the consumer
The TSR regulations require exempt surveyors to follow specific guidelines if they intend to sell services or goods within a survey call. Businesses can continue to call consumers they have been doing business with for up to 18 months prior to their last purchase, account payment, or delivery of products. Additionally, a company can still call consumers for up to three months after making a product or service inquiry. This and all future calls can stop if a customer requests cessation of calls.
Complying with Do Not Call Regulations
Unless the call is somehow exempt to the TSR rules, it is a violation for sellers or telemarketing companies to call a number on the Registry. When they violate this law, they can be fined tens of thousands of dollars per call. While sellers and marketers might be able to win a challenge against a Do Not Call violation, they must demonstrate several factors to succeed.
They must show that:
- Written procedures are in place and in compliance with Do Not Call requirements
- There are active monitoring and enforcement of these procedures
- Personnel is appropriately trained to follow all guidelines and procedures
- There is a current internal do not call list
- Before calling any consumers the company must access the Registry less than 31 days before placing the call and keeps a record that documents the process
- The placed calls were in error
The FTC and the Federal Communications Commission (FCC) and other state regulatory agencies enforce the Do Not Call Registry. You should note that many states keep separate registries that have additional lists that sellers and marketing companies should scrub against their own databases of numbers.
Use a Lawyer to Hold Companies Accountable
The possibility of receiving unsolicited telemarketing and sales calls remains even with the federal guidelines in place. When these calls still occur, you need to contact a Florida attorney like Jibrael S. Hindi who focuses on TCPA cases. We help our clients to obtain fair compensation for these violations and hold harassing companies accountable. Contact us at 844-JIBRAEL for a free case evaluation. There are no fees until Jibrael wins for you!