What does this mean for my call center?

If you are performing outbound telemarketing then chances are you are working from lists which you have obtained from a broker.  If this is the case then you must insure that these lists have been “scrubbed” of any consumers that are on the Federal and/or applicable State Do Not Call List.  You MUST do this as the fines for DNC violations are hefty and you will get caught.

Additionally, the FTC has the following information available on it’s website which covers a range of business related topics concerning compliance.

https://www.donotcall.gov/FAQ/FAQBusiness.aspx

Who is covered by the National Do Not Call Registry?

The National Do Not Call Registry applies to any plan, program, or campaign to sell goods or services through interstate phone calls. This includes telemarketers who solicit consumers, often on behalf of third party sellers. It also includes sellers who provide, offer to provide, or arrange to provide goods or services to consumers in exchange for payment.

The National Do Not Call Registry does not limit calls by political organizations, charities, or telephone surveyors.

What about an established business relationship?

A telemarketer or seller may call a consumer with whom it has an established business relationship for up to 18 months after the consumer's last purchase, delivery, or payment - even if the consumer's number is on the National Do Not Call Registry. In addition, a company may call a consumer for up to three months after the consumer makes an inquiry or submits an application to the company. And if a consumer has given a company written permission, the company may call even if the consumer's number is on the National Do Not Call Registry.

One caveat: if a consumer asks a company not to call, the company may not call, even if there is an established business relationship. Indeed, a company may not call a consumer - regardless of whether the consumer's number is on the registry - if the consumer has asked to be put on the company's own do not call list.

How will I access the National Do Not Call Registry?

Online at www.telemarketing.donotcall.gov

How will the National Do Not Call Registry work?

Starting January 1, 2005, telemarketers and sellers will be required to search the registry at least once every 31 days and drop from their call lists the phone numbers of consumers who have registered. Through December 31, 2004, telemarketers will have to update their lists every three months. The dedicated, fully automated and secure Web site at www.telemarketing.donotcall.gov will provide this information to telemarketers and sellers.

When an organization accesses the system for the first time, it will have to create a profile and provide some identifying information, such as organization name and address, authorized representative, and the representative's telephone number and email address. If an organization is accessing the registry on behalf of a client-seller, the organization may need to identify the client (or clients).

The only consumer information organizations will be able to access from the national registry is a registrant’s telephone number. Consumers’ phone numbers will be sorted and available by area code. Each organization accessing the registry data will be required to pay an annual fee based on the number of area codes the company accesses.

On subsequent visits to www.telemarketing.donotcall.gov, organizations will be able to download either a complete updated list of numbers from their selected area codes or a more limited list that shows additions or deletions since the last download.

A consumer who receives a telemarketing call despite being on the registry will be able to file a complaint with the FTC, either online or by calling a toll-free number. Violators could be fined up to $11,000 per incident.

Definitions Of Organizations That May Use The donotcall.gov Website

Seller – includes any person or business who, in connection with a telemarketing transaction, provides, offers to provide, or arranges for others to provide goods or services to the customer in exchange for consideration. A Seller also may be a Telemarketer, if it is calling on its own behalf. Or a Seller may retain one or more Telemarketers to place calls for it. In either case, you should register as a “Seller”.

Every Seller should subscribe, pay the appropriate fee, and agree to the certification requirements to receive a Subscription Account Number (SAN) with the National Do Not Call Registry. A Seller may direct a Telemarketer to complete the online subscription process for it, but the Seller must have its own subscription and SAN, separate from the Telemarketer’s subscription and SAN.

Telemarketer (“TM”) – includes any person or business who, in connection with telemarketing, initiates or receives telephone calls to or from a customer. If you are a Telemarketer, you may register as a “Telemarketer working for a Seller/Client” or as a “Telemarketer with Independent Access”.

• If a Telemarketer is working on behalf of its client – a Seller – the Seller must have a subscription with the Registry. The Telemarketer may access the Registry on behalf of the seller at no additional charge if the Telemarketer is authorized by the Seller to use the Seller’s SAN. Any applicable fees should be paid by the Seller, or by the Telemarketer on that Seller’s behalf. The Telemarketer may use the data it downloads only for that Seller. Telemarketers should understand that every Seller must have its own subscription to the Registry. At the direction of a Seller, a Telemarketer may complete the online subscription process and obtain a SAN for the Seller.
• If a Telemarketer wishes to gain Independent Access to the Registry, it may obtain its own SAN by paying its own access fee and agreeing to the certification requirements. However, a Telemarketer with Independent Access may not use Registry data to place calls on behalf of Sellers unless each Seller has a SAN. That is, a Telemarketer cannot purchase the list once and then provide the data to all of its clients who have not paid the appropriate fees to access the Registry.

Service Provider (“SP”) – includes any person or business that provides assistance to sellers or telemarketers to engage in telemarketing, such as list brokers and service bureaus.

• If a Service Provider is working on behalf of its client – a Seller – the Seller must have a subscription with the Registry. The Service Provider may access the Registry on behalf of the seller at no additional charge if the Service Provider is authorized by the Seller to use the Seller’s SAN. Any applicable fees should be paid by the Seller, or by the Service Provider on that Seller’s behalf. The Service Provider may use the data it downloads only for that Seller. Service Providers should understand that every Seller must have its own subscription to the Registry. At the direction of a Seller, a Service Provider may complete the online subscription process and obtain a SAN for the Seller.
• If a Service Provider wishes to gain Independent Access to the Registry, it may obtain its own SAN by paying its own access fee and agreeing to the certification requirements. However, a Service Provider with Independent Access may not use Registry data to place calls on behalf of Sellers unless each Seller has a SAN. That is, a Service Provider cannot purchase the list once and then provide the data to all of its clients who have not paid the appropriate fees to access the Registry.

Exempt Organizations (“EO”) – includes any person or business that is exempt from both the FTC’s and FCC’s requirements to access the National Registry, but voluntarily chooses to access the information solely for the purpose of preventing telephone calls to telephone numbers in the National Registry. Exempt Organizations include charities or non-profit organizations, organizations engaged in political solicitations or surveys, or Sellers or Telemarketers that call ONLY consumers with whom they have an established business relationship or from whom they have obtained the express written agreement to call. See 16 CFR § 310.4(b)(1)(iii)(B)(i) and (ii). Exempt Organizations must wait three business days following the submission of their request to access registered telephone numbers before they may be given access to such numbers. We may contact you if we have questions about your status.

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