What Your Telemarketing Business Needs to Know About the Federal Do Not Call List

If you are in the telemarketing industry, you are already aware of the many laws and regulations that you need to follow. One of the most important is how to comply with the requirements of the Federal Do Not Call List. You need to understand its rules and the penalties for violation. Here is a quick summation of what your telemarketing business needs to know.

Who Needs to Follow the Do-Not- Call Rules?

In order to understand whether the Federal DNC list rules apply to you, you have to define what you are doing. Only the types of organizations listed below (and the third-party vendors calling on their behalf) are exempted from Do Not Call rules:

  • political organizations
  • charities
  • telephone surveyors
  • representatives from a company that the customer has a current relationship with.

However, if you are a third-party caller fundraising for a charity, the consumer may ask that you not call them anymore, essentially placing them on your “internal” DNC list. You must respect this request. If you call them after they request to be removed from your list, it may lead to very significant fines.

Also, if you start with a telephone survey but it leads to a sales pitch, you must follow the rules for the DNC list. Similarly, if you are a company that gathers information through surveys and then sells that information to other businesses, you must also follow the DNC rules. .

What Are the DNC Rules?

Individuals have the option to place their phone numbers on a Federal Do Not Call list. This offers protection for those individuals from unwanted phone solicitation. If your business sells something or if you are calling on behalf of a business that sells something, you must respect the wishes of these individuals. This means you must subscribe to the list and you must make sure not to call them.

It is also important to note that some states, like Florida, have their own DNC lists, and these may not necessarily include the same consumers that are on the federal list. Depending on where calls are made, companies are often required to comply with multiple DNC lists at the same time.

What If You Break the DNC Rules?

Mistakes happen. However, in this instance, mistakes can get very expensive. Private lawsuits by consumer have become commonplace, and are often brought as “class actions” – by which they can make claims on behalf of everyone who has been unlawfully called. In addition, the Federal Trade Commission and state Attorney General’s Offices may also take legal action against any company that violates the law.

Get Help

If you have questions about whether your company is staying compliant with the Do Not Call list or if you know you have not, give Cove Law a call. Telemarketing law is our specialty. Let us answer your questions, suggest ways to improve, and help you handle and legal ramifications from any accidental violations of the DNC list. Call us today at (954) 921-1121 or contact us online to find out how we can help.

Written by Andrew Cove

Cove Law has significant experience defending federal investigations and formal actions by the Federal Trade Commission, the Consumer Finance Protection Board and the U.S. Department of Justice, as well as similar matters on the state level by the respective state Attorney General’s Offices and other local agencies.