Do Not Call List Registry

“Do Not Call” lists are registers maintained by government agencies or private organizations which aim to protect consumers from unsolicited telemarketing calls.

People who do not wish to receive such calls can add their phone numbers to these lists, effectively notifying telemarketers that they should not contact them.

The most well-known example is the National Do Not Call Registry in the United States, which is managed by the Federal Trade Commission (FTC).

Does the National List Restrict All Telemarketers From Calling?

The National Do Not Call Registry does not restrict all telemarketers from calling; it primarily targets those involved in illegal telemarketing practices.

Legitimate telemarketing companies should respect the registry and avoid calling numbers listed on it. However, some exceptions apply, such as calls from charities, political organizations, or companies with an existing business relationship with the consumer.

Here are some examples of exceptions to the “Do Not Call” list restrictions:

1. Charities: Non-profit organizations and charities may still call you to request donations, even if your number is on the “Do Not Call” list. For example, the American Red Cross or a local children’s hospital may contact you to ask for contributions or inform you about their ongoing programs.
2. Political organizations: Candidates running for office, political parties, or other groups advocating for political causes may call you for campaign purposes, even if your number is on the “Do Not Call” list. For instance, you might receive a call from a local candidate for mayor, a national party committee, or a group promoting a ballot initiative.
3. Companies with existing business relationships: If you have an ongoing business relationship with a company, they may be allowed to call you even if your number is on the “Do Not Call” list. This exception could include:
   • A bank you have an account with might call to inform you about a new financial product or service.
   • A utility company may call to discuss changes in your service or billing.
   • A store where you have a loyalty card or a subscription might call to inform you about special offers, promotions, or updates.
4. Surveys and market research: Some calls may be exempt if they are solely for the purpose of conducting market research or surveys and do not involve the sale of any goods or services. For example, a research firm might call to ask about your opinions on various products or issues.

Even in these cases, consumers have the right to request that their phone number be added to the organization’s internal “Do Not Call” list, which should prevent future calls from that specific entity.

Are There Any Other Means of Restricting Telemarketers From Calling?

There are additional ways to stop nuisance phone calls besides registering with the “Do Not Call” lists.

These may include:

• Utilizing call-blocking features on your phone or through your phone service provider.
• Installing third-party apps or devices that block unwanted calls.
• Reporting unwanted calls to regulatory agencies, such as the FTC or the Federal Communications Commission (FCC).
• Requesting that a specific telemarketer place your number on their internal “Do Not Call” list.

In addition to the methods mentioned, you can also consider the following options to further restrict telemarketers from calling:

1. Set up a whitelist: Some smartphones and third-party apps allow you to create a whitelist, which is a list of approved numbers that are allowed to call you. All other calls from numbers not on the whitelist will be blocked or sent directly to voicemail.
2. Use a virtual phone number: A virtual phone number can be used to divert telemarketing calls away from your primary phone number. You can give this virtual number when signing up for services or filling out forms that might be shared with telemarketers. Calls to the virtual number can be screened, blocked, or forwarded as necessary.
3. Activate the “Anonymous Call Rejection” feature: This feature, available through some phone service providers, automatically rejects calls from numbers that have blocked their Caller ID information. Telemarketers often use blocked numbers to avoid detection, so activating this feature can help reduce unwanted calls.

Can You Sue Telemarketers If You Are on the Do Not Call List?

If you are on the “Do Not Call” list and continue to receive unsolicited calls from telemarketers, you may have legal rights to sue them under the Telephone Consumer Protection Act (TCPA) or other state laws.

In some cases, you could be eligible for monetary damages, often ranging from $500 to $1,500 per call, depending on the severity and nature of the violation.

Step 1: Keep a Record of the Calls

The first step is to keep a record of the telemarketing calls you receive. Make sure to note down the date, time, and the name of the telemarketer if possible. If you have caller ID, make a note of the phone number that appeared on the screen. This information will be useful later when filing a complaint or lawsuit.

Step 2: Determine if the Calls Violate the TCPA

The Telephone Consumer Protection Act (TCPA) is a federal law that regulates telemarketing calls. Under the TCPA, telemarketers are prohibited from making unsolicited calls to phone numbers that are on the National Do Not Call Registry. If you’re receiving calls from telemarketers despite being on the Do Not Call list, then they may be violating the TCPA.

In addition to the Do Not Call list, the TCPA also regulates calls made using automated dialing systems, pre-recorded messages, and artificial or pre-recorded voices. If you’re receiving calls that use these methods without your consent, then they may also be violating the TCPA.

Step 3: File a Complaint with the FCC or FTC

If you believe that a telemarketer has violated the TCPA, you can file a complaint with the Federal Communications Commission (FCC) or the Federal Trade Commission (FTC). The FCC and FTC are government agencies that regulate telemarketing calls.

To file a complaint with the FCC, you can visit their website and fill out an online complaint form. To file a complaint with the FTC, you can call their toll-free number (1-888-382-1222) or file a complaint online.

Step 4: Consider Filing a Lawsuit

You may also consider filing a lawsuit against the telemarketer if you’re receiving persistent and unwanted telemarketing calls. You may be able to recover damages for each violation of the TCPA, which can range from $500 to $1,500 per call.

To file a lawsuit, you will need to consult with a business attorney who handles cases involving the TCPA or consumer protection laws. Your attorney can help you understand your legal rights, gather evidence, and file the lawsuit on your behalf.

Step 5: Continue to Keep a Record of the Calls

Even after filing a complaint or lawsuit, it’s important to continue keeping a record of the telemarketing calls you receive. This will help you build a stronger case and provide evidence of any ongoing violations of the TCPA.

Should I Contact an Attorney?

If you believe your rights have been violated, or you continue to receive unwanted telemarketing calls despite being on the “Do Not Call” list, it may be a good idea to consult with an entertainment attorney. They can help you understand your legal options, assist with filing a complaint or lawsuit, and ensure your rights are protected.

LegalMatch is an online platform that can connect you with a business attorney who can assist with your legal needs. LegalMatch has a network of attorneys who practice in various areas of law, including business law.

By submitting your case details on LegalMatch’s website, you can receive responses from interested attorneys, and you can choose an attorney who you believe is the best fit for your case. LegalMatch can also provide resources to help you understand your legal rights and options.

Use LegalMatch to find a business lawyer today.