As of October 1, 2003, telemarketers have been required to comply with the national DNC (Do Not Call) registry.
The DNC registry is a compilation of phone numbers, belonging to the consumers,
whom do not wish to be solicited via telephone.
The initial registry does not include all state DNC lists, which have been compiled independently of the national DNC list.
Certain telemarketing entities are exempt from the DNC legislation.
Charities, political organizations, and organizations that conduct research are exempt.
In addition, if you have an existing business relationship (expires eighteen months from the transaction
date or three months from the application or date of inquiry), you are exempt.
If you telemarket on behalf of another company, you must register.
If calls are made on your behalf, by a telemarketing company, you must register.
This law requires you to obtain a Subscriber Access Number (renewable annually) in order to do telemarketing
or purchase a list that has been purged within the Federal Do Not Call list.
The law requires that you submit your Subscriber Access Number (SAN) when you purchase any phone lists starting September 15, 2003. DNC consumers are removed from the lists for your protection.
- The Subscriber Access Number (SAN) is FREE if you register for five or less telephone area codes (not postal zip codes).
- To register go to www.telemarketing.donotcall.gov (Registration is available via internet only.)
- Contacting mail responders: If a consumer writes their signature and phone number on the reply card, the new legislation allows them to be called within three months as long as the mail piece indicates that the prospect may be contacted.
Penalties: The risks associated with not registering and maintaining DNC compliance far outweigh the costs of conformity. Federal penalties for DNC infractions can be as high as $11,000 per incident. In addition, there are state penalties which range from $500 to $25,000 per infraction. For details on the DNC rules and regulations,
go to the www.ftc.gov/donotcall website.
Note: Insurance and Real Estate agents are not exempt from the legislation,
even if the final sale is made face-to-face. The original legislation allowed
this exemption, but the final version did not. Federal regulations cover both
interstate (between states) and intrastate (within a state) calls.