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Senior Citizen Alerts
FTC Will Not Drop Numbers from Do Not Call Registry
Until Congress Decides if Renewals Necessary
Original plan called for a five-year
re-registration to clean list, which now has over 145 million phone
numbers
Oct. 23, 2007 – If your telephone number is about
to reach the limit of the five years that it can be on the National Do
Not Call Registry (DNC), don’t worry about it. Federal Trade Commission
Director Lydia Parnes, director of the Federal Trade Commission’s Bureau
of Consumer Protection, said today that no numbers will be dropped from
the list until Congress decides if they want to make registration
permanent, rather than require renewal every five years.
FTC Chairman Deborah Platt Majoras also issued a
statement confirming the agencies decision not to drop numbers at this
time.
Parnes today addressed the Subcommittee on
Commerce, Trade, and Consumer Protection of the Energy and Commerce
Committee. Her topics included the National Do Not Call (DNC) Registry,
Internet safety, and financial services.
Specifically, Parnes said that after carefully
considering changes that have taken place since the Registry was
implemented in June 2003, “the Commission now commits that it will not
drop any telephone numbers from the Registry based on the five-year
expiration period pending final Congressional or agency action on
whether to make registration permanent.”
According to the testimony, when the Registry was
developed, the Commission adopted a five-year re-registration mechanism
and said that the list – which now contains more than 145 million phone
numbers – would be periodically purged of disconnected or reassigned
numbers. This was done to ensure that the Registry was as accurate as
possible. The goal was “to adequately balance the need to maintain a
high level of accuracy in the Registry, with the imposition on consumers
to periodically re-register their telephone numbers.”
Since the Registry has been in place, however,
several changes have occurred, the testimony continued, including the
increased use of cell phones and the popularity of telephone number
portability. In addition, the legal landscape surrounding the Registry
has become clearer, and the Commission has more information about how
the courts view consumer privacy in this context.
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See Below Story:
Are you still getting
telemarketing calls you don't want?
FTC Q&A about Do Not
Call Registry |
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Also, the Registry has been implemented
successfully for five years and has included a scrubbing program that
has removed disconnected and reassigned numbers each month.
Finally, “[T]he Registry has enjoyed unprecedented popularity and helped
enhance the privacy of the American public in a tangible way.”
“The Commission will continue its robust efforts to
maintain the Registry’s accuracy and ensure the continued success of the
Do Not Call program,” the testimony continued.
Citing a Harris Interactive survey released in
January 2006 showing that 94 percent of American adults have heard of
the Registry and 76 percent have placed their phone numbers on it, the
testimony also described how the FTC operates the Registry, its fee
structure, and the agency’s enforcement actions against companies and
individuals who have not complied with its requirements.
Since the Registry has been in place, the
Commission has initiated 27 cases alleging DNC violations, resulting in
a total of $8.8 million in civil penalties and $8.6 million in consumer
redress or disgorgement of ill-gotten gains.
In one recent case highlighted in the testimony,
the Commission targeted The Broadcast Team, a telemarketer that
allegedly used “voice broadcasting” to make tens of millions of illegal
automated telemarketing calls, often to numbers on the Registry.
According to the FTC’s complaint, The Broadcast
Team violated the “abandoned calls” provision of the DNC component of
the Telemarketing Sales Rule, either by immediately hanging up on a
consumer, or in some instances playing a recording instead of connecting
a consumer to a live sales representative within two seconds after the
consumer answered the phone.
In settling the Commission’s charges, The Broadcast
Team agreed to pay a $1 million civil penalty, the second-largest
penalty obtained in a Do Not Call case. Satellite television
subscription seller DirecTV paid a $5.3 million penalty in 2005 for
allegedly violating the Do Not Call provisions of the Telemarketing
Sales Rule.
Internet Safety and Financial Services
The Commission’s testimony also touched on Internet
safety and financial services. Stating that “the FTC has been very
active in educating consumers about Internet safety,” it described the
agency’s computer security education campaign, which is built around the
OnGuardOnline.gov Web site. Created in 2005 with assistance from other
federal agencies, consumer advocates, and the technology industry, the
site helps “computer users guard against Internet fraud, secure their
computers, and protect their personal information.”
The testimony explained how OnGuardOnline works,
and stated that if H.R. 3461 – legislation that would direct the FTC to
implement a national education campaign on Internet safety and authorize
funds for such a campaign – was passed, the FTC would “expand efforts it
already has underway to educate novice and intermediate home computer
users about basic computer security.” In addition, the agency would
expand the scope of topics beyond those covered on the site, and would
partner with government agencies active in protecting children from
cyber-crime.
Finally, the testimony addressed proposed
legislation that would expand the number of bank regulatory agencies
that could issue rules under the FTC Act. The Commission has a
particular interest in this area its expertise on
interpretation of the FTC Act and because of its broad interest in
consumer protection in financial services. Accordingly, the testimony
states that the FTC supports amending Section 18 of the FTC Act to give
the Federal Deposit Insurance Corporation (FDIC) and the Office of the
Comptroller of the Currency (OCC) authority to issues rules prohibiting
lenders from engaging in unfair or deceptive practices, but recommends
two modifications.
First, the banking agencies and the National Credit
Union Administration (NCUA) should be required to consult with the
Commission in any rulemaking they undertake under Section 18; and the
bill should be modified so that when the banking agencies and the NCUA
begin a rulemaking under the FTC Act, the Commission should have the
option to develop consistent and comparable rules using the same
streamlined and expedited rulemaking procedures that the banking
agencies would use.
The Commission vote to approve the testimony and
place a copy on the public record was 5-0. The written statement
presented at the hearing represents the views of the FTC.
>>
Learn more about the House Resolution 3541 to make registration
permanent. Enter “HR 3541” in search box.
Editor’s Notes:
Copies of the Commission’s testimony are available from the FTC’s
Web site at
http://www.ftc.gov and also from the FTC’s Consumer Response Center,
Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580.
Are You Getting Telemarketing Calls You Don’t Want?
Here's How to Stop Them
The Federal Trade Commission (FTC) launched the
National Do Not Call Registry to give Americans a choice about getting
telemarketing calls at home. According to a Harris Interactive poll, 92
percent of people who reported placing a number on the registry said
they are receiving fewer calls; a total of 78 percent said they’re
getting “far fewer calls” or none at all.
If you think you put your number on the National Do
Not Call Registry, and you’re still getting telemarketing sales calls,
the Federal Trade Commission recommends that you:
● Check to see that your number is on the
registry. You can verify that your number is on the registry two ways:
online at
donotcall.gov (click on “Verify A Registration”), or by calling
1-888-382-1222 (TTY 1-866-290-4236) from the phone number you wish to
verify. Follow the prompts.
● You also can add your number to the registry
using the same Web site or phone number (call from the number you want
to register). If you register online, you will receive an email from
donotcall.gov as part of the confirmation process.
● You will need to click on the link in this
email within 72 hours after you receive it. If you don’t click on the
link in the email, the number you tried to register will not be added to
the registry, and telemarketers may continue to call.
● Understand that some calls are not covered.
Once your number has been on the registry for 31 days, most
telemarketing calls will stop. However, you still may get:
>> calls from — or on behalf of —
political organizations, charities, and telephone surveyors;
>> calls from companies with whom you have an existing
business relationship. A company may call you for 18 months after you
make a purchase or three months after you submit an inquiry or
application;
>> calls from companies you’ve given permission to call.
● File a complaint. If your number has been on
the registry for at least 31 days, and a telemarketer calls, complain to
the FTC. Visit
DONOTCALL.GOV or call 1-888-382-1222 (TTY1-866-290-4236). You’ll
need to provide the date of the call and the phone number or name of the
company that called you.
Q&A:
The National Do Not Call Registry
Tell Me More
About the National Do Not Call Registry
-
Why would I
register my phone number with the National Do Not Call Registry?
The National Do Not
Call Registry gives you an opportunity to limit the telemarketing calls
you receive. Once you register your phone number, telemarketers covered
by the National Do Not Call Registry have up to 31 days from the date
you register to stop calling you.
-
Who manages
the National Do Not Call Registry?
The National Do Not
Call Registry is managed by the Federal Trade Commission (FTC), the
nation’s consumer protection agency. It is enforced by the FTC, the
Federal Communications Commission (FCC), and state law enforcement
officials.
-
Why was the
National Do Not Call Registry created?
The registry was
created to offer consumers a choice regarding telemarketing calls. The
FTC’s decision to create the National Do Not Call Registry was the
culmination of a comprehensive, three-year review of the Telemarketing
Sales Rule (TSR), as well as the Commission’s extensive experience
enforcing the TSR over seven years. The FTC held numerous workshops,
meetings, and briefings to solicit feedback from interested parties and
considered over 64,000 public comments, most of which favored creating
the registry. You can review the entire record of the Rule review at
www.ftc.gov/bcp/rulemaking/tsr/tsrrulemaking/index.htm.
How Does
Registration Work?
-
How soon
after I register will I notice a reduction in calls?
Telemarketers
covered by the National Do Not Call Registry have up to 31 days from the
date you register to stop calling you.
-
When I
register my phone number, how long until it shows up on the National
Do Not Call Registry?
After you register,
your phone number will show up on the registry by the next day.
Telemarketers have up to 31 days to get your phone number and remove it
from their call lists.
-
What if I
change my mind? Can I take my number off the National Do Not Call
Registry?
You can delete your
phone number only by calling toll-free 1-888-382-1222 from the telephone
number you want to delete. After you contact the registry to delete it,
it will be removed from the National Do Not Call Registry by the next
day. But telemarketers have up to 31 days to access information about
your deletion and add your number back to their call lists, if they
choose to.
-
If I
registered by phone, will I receive a confirmation?
No, but you can
verify that your number is on the registry online at
www.donotcall.gov
or by calling the registry’s toll-free number (1-888-382-1222) and
following the prompts for verifying that your number is on the registry.
-
I received a
phone call from someone offering to put my name on the National Do
Not Call Registry. Should I let them?
No. The FTC does not
allow private companies or other such third parties to register
consumers for the National Do Not Call Registry. Websites or phone
solicitations that claim they can or will register a consumer’s name or
phone number on the National Do Not Call Registry — especially those
that charge a fee — are almost certainly a scam. Consumers may register
directly, or through some state governments, but never through private
companies. For consumers, the National Do Not Call Registry is a free
service of the federal government.
What About the Privacy of My Information?
-
If I choose
to register my phone number, how will my information be used and
disclosed?
We collect your
phone number and store it in the National Do Not Call Registry so that
telemarketers and sellers covered by the FTC’s rules can remove your
phone number from their call lists. Telemarketers are required to search
the registry every 31 days and delete from their call lists phone
numbers that are in the registry. Phone numbers in the registry also may
be shared with law enforcement to assure compliance with federal and
state law.
If you contact us
via the Internet, we also collect your email address to confirm your
registration request. We will store your email address in a secure
manner, separate from your telephone number. We will not share your
email address with telemarketers.
For more information
about the privacy of your information, please see our privacy policy at
www.ftc.gov/ftc/privacy.shtm
What Phone
Numbers Can I Register?
-
Can I
register my cell phone on the National Do Not Call Registry?
Yes, you may place
your personal cell phone number on the National Do Not Call Registry.
The registry has accepted cell phone numbers since it opened for
registrations in June 2003. There is no deadline to register a home or
cell phone number on the Registry.
You may have
received an email telling you that your cell phone is about to be
assaulted by telemarketing calls as a result of a new cell phone number
database; however, that is not the case. FCC regulations prohibit
telemarketers from using automated dialers to call cell phone numbers.
Automated dialers are standard in the industry, so most telemarketers
don’t call consumers on their cell phones without their consent.
-
Can I
register all my family and friends?
You should register
only your own telephone numbers.
-
I have more
than three personal telephone numbers. How can I register all of
those numbers?
You may register up
to three telephone numbers at one time on the National Do Not Call
Registry website. You will receive a separate confirmation email for
each number you wish to register online. You must open each email and
click on the link in each one to complete the registration process. If
you have more than three personal telephone numbers, you will have to go
through the registration process more than once to register all of your
numbers. There is a limit on the number of phone numbers you can
register in this manner.
You can register
only one phone number each time you call the National Do Not Call
Registry, and you must call from the phone number you wish to register.
-
What happens
if I register more than one number at a time online?
You will get an
email for each number you register online. You need to open each email
and click on the link in each email within 72 hours to register those
numbers.
-
Can I
register my business phone number or a fax number?
The National Do Not
Call Registry is only for personal phone numbers. Business-to-business
calls and faxes are not covered by the National Do Not Call Registry.
When Does My Registration Expire?
-
How long does
my phone number stay registered?
Your phone number
will remain on the registry for five years from the date you register
(unless you choose to take it off the registry or your phone number is
disconnected). If you register online, you may want to print the Web
page for your records when your registration is accepted.
-
How can I
find out when my registration expires?
You can click on the
Verify a Registration button any time to check your expiration date.
Your registration will expire five years from your registration date.
You may want to print the Web page with your registration date for your
records.
What If I Move or My Phone Is Disconnected?
-
I moved and
got a new phone number. Do I need to register the new number?
Yes.
-
Do I need to
take my old phone number off the list when I get a new number?
No. You can if you
would like to, but the system will automatically remove most numbers
that are disconnected and reassigned.
-
What happens
if my phone number is disconnected and then reconnected?
If your number is
disconnected and then reconnected, you may need to re-register. In
addition, there are actions that you or your telephone company might
take that could cause your registered phone number to become
unregistered — even if your service has not been interrupted (such as
changing calling plans or other services, or changing the billing name
on the account.) To verify that your number is in the Registry, go to
www.donotcall.gov
or call 1-888-382-1222 (TTY 1-866-290-4236). Each time you re-register,
telemarketers will have 31 days to take your number off their call
lists.
What If My Area Code “Splits”?
-
If my area
code changes, do I need to re-register?
If the phone
companies change the three-digit area code for your home or mobile phone
number, you do not have to re-register it with the National Do Not Call
Registry. The number with the new area code will be registered for you
during the 90-day period when both the old and new area codes work. This
is known as the Permissive Dialing Period.
-
Do I need to
delete registration of my number with the old area code?
No. You do not need
to delete the registration of your phone number with the old area code.
An automated process will remove it after 90-day Permissive Dialing
Period.
Registration and My Email Address
-
Why do you
need my email address?
When you use the
registry’s website to put a phone number on the National Do Not Call
Registry, we collect your email address to confirm your request. We will
send you an email and you will need to click on the link in the email
within 72 hours to finalize your registration. We also collect your
email address when you request to verify your registration online so
that we can email you a response to your verification request. We will
store your email address in a secure manner, separate from your
telephone number. We will not share your email address with
telemarketers.
-
Can I
register online if I do not have an active email address?
No. The online
registration process requires an active email address. If you register
online, we will send you an email message with a link in it. You need to
click on the link in the email within 72 hours to finalize your
registration. If you do not have an email address, you can register by
phone
(1-888-382-1222).
-
Can I reply
to the email I got when I was registering?
No. The email
address is a one-way mail service. It cannot accept incoming emails. You
must click on the link within the email within 72 hours to finalize your
registration.
-
What if my
email address changes after I register? Will I still be able to
verify my registration on the national registry?
Yes, you will be
able to use your new email address to verify your phone number online.
I’m Having Problems With Registration
-
I called to
register my phone number, but the message said my phone number could
not be verified. Why not?
When you call to
register a phone number, you are asked to enter the number you are
calling from. The system tries to match the number you enter to
“Automatic Number Identification” or ANI, which is like Caller ID for
the telephone network. A small percentage of U.S. phones do not have
ANI. If your phone doesn’t, the system will have trouble locating your
phone number. You can register your phone number on the National Do Not
Call Registry website at
www.donotcall.gov.
-
I called to
register my phone number, but the message said that the phone number
I was calling from did not match the phone number I entered. What
happened?
To register, you
must call from the phone you want to register. For example, you cannot
register your home phone number by calling from work.
Also, people in
certain communities — such as senior living centers or university
residences — have phone numbers that are hidden by a PBX (private branch
exchange) telephone system and cannot be matched by the National Do Not
Call system. If you live in such a community, you can register your
phone number on the National Do Not Call Registry website at
www.donotcall.gov.
-
I received an
email from Register@donotcall.gov, but I don’t get a “Registration
Complete” message when I try to click on the link. What should I do?
You may not be able
to click on the link in your email from Register@donotcall.gov, or it
may take you to a page that says “Registration Incomplete.” You can
complete your registration by using the “cut” and “paste” functions to
insert the link in the email into the “address” line on your Web
browser. You must cut and paste the entire link. It is very long —
possibly more than one line of text. You cannot re-type the link.
Will All Telemarketing Calls Stop If I Register?
-
If I register
my number on the National Do Not Call Registry, will it stop all
telemarketing calls?
No. Placing your
number on the National Do Not Call Registry will stop most telemarketing
calls, but not all. Because of limitations in the jurisdiction of the
FTC and FCC, calls from or on behalf of political organizations,
charities, and telephone surveyors would still be permitted, as would
calls from companies with which you have an existing business
relationship, or those to whom you’ve provided express agreement in
writing to receive their calls.
-
Are calls
from political organizations or calls soliciting for charities
covered?
Political
solicitations are not covered by the TSR at all, since they are not
included in its definition of “telemarketing.” Charities are not covered
by the requirements of the national registry. However, if a third-party
telemarketer is calling on behalf of a charity, a consumer may ask not
to receive any more calls from, or on behalf of, that specific charity.
If a third-party telemarketer calls again on behalf of that charity, the
telemarketer may be subject to a fine of up to $11,000.
-
What about
telephone surveys?
If the call is
really for the sole purpose of conducting a survey, it is not covered.
Only telemarketing calls are covered — that is, calls that solicit sales
of goods or services. Callers purporting to take a survey, but also
offering to sell goods or services, must comply with the National Do Not
Call Registry.
-
My number is
on the National Do Not Call Registry. After I bought something from
a company, a telemarketer representing that organization called me.
Is this a violation?
No. By purchasing
something from the company, you established a business relationship with
the company. As a result, even if you put your number on the National Do
Not Call Registry, that company may call you for up to 18 months after
your last purchase or delivery from it, or your last payment to it,
unless you ask the company not to call again. In that case, the company
must honor your request not to call. If they subsequently call you
again, they may be subject to a fine of up to $11,000.
An established
business relationship with a company also will be created if you make an
inquiry to the company, or submit an application to it. This kind of
established business relationship exists for three months after the
inquiry or application. During this time, the company can call you.
If you make a
specific request to that company not to call you, however, then the
company may not call you, even if you have an established business
relationship with that company.
-
Are
telemarketing calls from overseas covered?
Yes. Any
telemarketers calling U.S. consumers are covered, regardless of where
they are calling from. If a company within the U.S. solicits sales
through an overseas professional telemarketer, that U.S. company may be
liable for any violations by the telemarketer. The FTC can initiate
enforcement actions against such companies.
Other Ways To Limit Telemarketing Calls
-
I’m happy to
have the choice to limit telemarketing contacts, but there are some
telemarketing calls I don’t mind receiving. Is there a way to allow
only certain companies to call?
Yes. If you give a
company your written permission to call you, they may do so even if you
have placed your number on the National Do Not Call Registry.
-
If I don’t
want to put my number on the National Do Not Call Registry, can I
still stop telemarketers from calling?
Yes. Even if you do
not register with the National Do Not Call Registry, you can still
prohibit individual telemarketers from calling by asking them to put you
on their company’s do not call list.
-
What is the
relationship between the state do not call lists and the National Do
Not Call Registry in terms of coverage?
The National Do Not
Call Registry requirements are at least as stringent as most state laws.
Most unwanted telemarketing calls will be covered by the National Do Not
Call Registry. States also can continue to enforce their lformation on the FCCp://www.fcc.gov">
www.fcc.gov.
Filing a Do Not Call Complaint
-
When can I
file a do not call complaint?
If your number has
been on the National Do Not Call Registry for at least 31 days and you
receive a call from a telemarketer that you believe is covered by the
National Do Not Call Registry, you can file a complaint at the
registry’s website at
www.donotcall.gov
or by calling the registry’s toll-free number at 1-888-382-1222 (for
TTY, call 1-866-290-4236). To file a complaint, you must know either the
name or telephone number of the company that called you, and the date
the company called you.
-
How do I file
a do not call complaint? What do I need to file a complaint?
You can file your
complaint on the registry’s website,
www.donotcall.gov,
using the File a Complaint page. You must know either the name or the
phone number of the company that called you. You also must provide the
date that the company called you and your registered phone number. You
may provide your name and address, but it’s not required for you to
submit a complaint. You also may call the registry’s toll-free number at
(1-888-382-1222) to file a complaint (for TTY, call 1-866-290-4236).
-
What happens
to my complaint?
Do not call
complaints will be entered into the FTC’s Consumer Sentinel system, a
secure, online database available to more than 1,000 civil and criminal
law enforcement agencies. While the FTC does not resolve individual
consumer problems, your complaint will help us investigate the company
and could lead to law enforcement action.
-
What if I get
a telemarketing call, but can’t get the telemarketer’s name or phone
number?
For law enforcement
officials to take action on your complaint, they need either the
telemarketer’s name or phone number, as well as the date of the call. If
you want to report a do not call violation, please get that information.
-
Where can I
get more information?
If you have
questions or complaints regarding the Do Not Call Registry, please
contact the FTC by email at
dncconsumerinquiry2@ftc.gov, or by mail at:
National Do Not Call Registry
Attn: DNC Program Manager
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, DC 20580
The FTC says it works for the consumer to prevent
fraudulent, deceptive, and unfair business practices in the marketplace
and to provide information to help consumers spot, stop and avoid them.
To file a complaint, or to get free information on any of 150 consumer
topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the
complaint form at
http://www.ftc.gov. The FTC enters Internet, telemarketing, identity
theft, and other fraud-related complaints into Consumer Sentinel, a
secure, online database available to more than 1,600 civil and criminal
law enforcement agencies in the U.S. and abroad.
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