Frequently Asked Questions

Do Not Call List

What is the National Do Not Call List?

Pursuant to its authority under the Telephone Consumer Protection Act (TCPA), the FCC established, together with the Federal Trade Commission (FTC), a national Do-Not-Call Registry. The registry is nationwide in scope, applies to all telemarketers and sellers (with the exception of certain non-profit organizations), and covers both interstate and intrastate telemarketing calls. Commercial telemarketers and sellers are not allowed to call consumers whose phone numbers are on the registry, subject to certain exceptions.

What is the Existing Business Relationship Exception?

A company with which a consumer has an established business relationship may call for up to 18 months after the consumer’s last purchase or last delivery, or last payment, unless the consumer asks the company not to call again. In that case, the company must honor the request not to call. If the company calls again, it may be subject to a fine of up to $11,000.

If a consumer has made an inquiry or submitted an application to my dealership, may I contact the consumer via telephone, even if his/her phone number is on the Do Not Call List?

Yes.  If a consumer makes an inquiry or submits an application to a company, the company can call for three months. However, if the consumer makes a specific request to that company not to call, the company may not call, even if it has an established business relationship with the consumer.

Can a customer ask a business to place his/her name on a company specific “Do Not Call” List?

Yes.  If a customer asks your business to place his/her name on your own business’ Do Not Call List, you are prohibited from placing future calls to that number.  This is the case even if the customer’s phone number is not on the national Do Not Call List.

How will a business know if someone’s phone number is listed on the Do Not Call Registry?

You must subscribe to the Do Not Call Registry and check all numbers which you intend to call before doing so.  It’s against the law to call (or cause a telemarketer to call) any number on the registry (unless the seller has an established business relationship with the consumer whose number is being called, or the consumer has given written agreement to be called). But it’s also against the law for a seller to call (or cause a telemarketer to call) any person whose number is within a given area code unless the seller first has subscribed to and accessed the portion of the registry that includes numbers within that area code, and paid the annual fee, if required.

How often must I access the registry and remove numbers from my calling list?

If your calls are covered by the registry, you have to synchronize your lists with an updated version of the registry at least every 31 days.

What happens to companies that don’t pay for access to the registry?

A company that is a seller or telemarketer could be liable for placing any telemarketing calls (even to numbers NOT on the registry) unless the seller has accessed the registry and paid the fee, if required. Violators may be subject to fines of up to $11,000 per violation. Each call may be considered a separate violation.

What’s my liability if my company inadvertently calls a number on the registry?

The TSR has a “safe harbor” for inadvertent mistakes. If a seller or telemarketer can show that, as part of its routine business practice, it meets all the requirements of the safe harbor, it will not be subject to civil penalties or sanctions for mistakenly calling a consumer who has asked for no more calls, or for calling a person on the registry. To meet the safe harbor requirements, the seller or telemarketer must demonstrate that:

1. it has written procedures to comply with the do not call requirements

2. it trains its personnel in those procedures

3. it monitors and enforces compliance with these procedures

4. it maintains a company-specific list of telephone numbers that it may not call

5. it accesses the national registry no more than 31 days (starting January 1, 2005) before calling any consumer, and maintains records documenting this process

6. any call made in violation of the do not call rules was the result of an error.