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Has your evening or weekend been disrupted by a call from a telemarketer? If so, you’re not alone. The Federal Communications Commission (FCC) has been receiving complaints in increasing numbers from consumers throughout the nation about unwanted and uninvited calls to their homes from telemarketers.
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Recently, pursuant to its broad authority under the Telephone Consumer Protection Act (TCPA), the FCC established a national Do-Not-Call Registry. The registry is nationwide in scope, applies to all telemarketers (with the exception of certain non-profit organizations), and covers both interstate and intrastate telemarketing calls. Commercial telemarketers are not allowed to call you if your number is on the registry. As a result, consumers can, if they choose, reduce the number of unwanted phone calls to their homes.
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Do-Not-Call Registry |
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You can register your phone number for free, and it will remain on the national do-not-call list for five years. You may re-enter your number onto the list when the five years have passed, and you may remove your name from the list at any time.
The Do-Not-Call registry will not prevent all unwanted calls. It
will not cover the following:
calls from organizations with which you have established a business relationship;
calls for which you have given prior written consent;
calls which are not commercial or do not include unsolicited advertisements;
calls by or on behalf of tax-exempt non-profit organizations.
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How to Register |
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Consumers can register on-line for the national do-not-call registry beginning June 27,
2003. Telephone registration will open for consumers in states west of the Mississippi River - including
Minnesota and Louisiana - on the same date. Telephone registration will be available July 7 in the entire
country. To register, consumers may call 1-888-382-1222: for TTY call
1-866-290-4236. You must call from the phone number you wish to
register. The registry will become effective on October 1, 2003.
Subscribers may register their residential telephone number, including wireless numbers, on the national Do-Not-Call registry by telephone or by Internet at no cost.
The federal Do-Not-Call registry will be effective October 1, 2003.
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Related Rules |
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In addition to the establishment of a national Do-Not-Call Registry, there are other amendments to the Commission's rules implementing the TCPA that may reduce the number of telemarketing calls to your
home when they become effective:
If you subscribe to CALLER ID, you will know when a telemarketer is calling you: telemarketers will be required to transmit Caller ID information and may not block their numbers.
Telemarketers must ensure that predictive dialers abandon no more than three percent of all calls placed and answered by a person. A call will be considered "abandoned" if it is not transferred to a live sales agent within two seconds of the recipient's greeting. As a result, you may less likely run to answer the phone only to find silence or the "click" of the calling party disconnecting the line.
In addition to these changes the rules currently provide:
Telephone solicitation calls to your home before 8 am or after 9 pm are prohibited.
Anyone making a telephone solicitation call to your home must provide his/her name, the name of the entity on whose behalf the call is being made, and a telephone number or address at which you may contact that entity.
Company-specific do-not-call lists are available to consumers who wish to avoid telemarketing calls only from specific companies.
For more information see our Unwanted
Telephone Marketing Calls Factsheet
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How to Complain |
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Filing a Do-Not-Call Complaint
In addition to complaints alleging violations of the
do-not-call list, you may also file a complaint against a telemarketer who is
calling from your state or another state for a commercial purpose (e.g., not
charitable organizations) IF:
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The telemarketer calls before 8 AM or after 9 PM; OR
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The telemarketer leaves a message, but fails to leave a
phone number that you can call to sign up for their company specific
do-not-call list; OR
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You receive a telemarketing call from an organization
whom you have previously requested not call you; OR
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The telemarketing firm fails to identify itself; OR
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You receive a pre-recorded commercial message from
someone with whom you do not have an established business relationship and
to whom you haven't given permission to call you.
How to File a Complaint
You can file a complaint by e-mail (donotcall@fcc.gov),
telephone 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC
(1-888-835-5322) TTY, or mail. Your complaint should include:
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name, address, and telephone number where you can be
reached during the business day;
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the telephone number involved with the
complaint; and
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as much specific information as possible, including the
identity of the telemarketer or company contacting you, the date on which you
put your number on the national Do-Not-Call registry or made a company-specific
do-not-call request, and the date(s) of any subsequent telemarketing call(s)
from that telemarketer or company.
If mailing a complaint, send it to:
Federal
Communications Commission Consumer & Governmental Affairs Bureau Consumer
Inquiries and Complaints Division 445 12th Street, SW Washington, DC 20554
Consumer Private Right of Action
In addition to filing a complaint with the FCC, consumers
may explore the possibility of filing an action in a state court.
For general information, you may contact the FCC’s Consumer & Governmental Affairs Bureau in the following ways:
Via Internet at www.fcc.gov/cgb
Consumer Center, Voice: 1-888-CALL-FCC (1-888-225-5322) and
TTY: 1-888-TELL-FCC (1-888-835-5322)
For this or any other consumer publication in an alternative format
(electronic ASCII text, Braille, large print, or audio) please write or call us at the address or phone number below, or send an e-mail to FCC504@fcc.gov.
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Looking For More Information? |
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You can contact the FCC at:
Federal Communications Commission
Consumer and Governmental Affairs Bureau
445 12th Street, SW
Washington, DC 20554
1-888-CALL-FCC (1-888-225-5322) VOICE
1-888-TELL-FCC (1-888-835-5322) TTY
E-Mail : fccinfo@fcc.gov
Major Telemarketing Orders and Notices
02/18/04
FCC Logs in Nearly 10,000 Complaints Since Do-Not-Call Registry Became Effective on October 1, 2003.
News Release: Word |
Acrobat
02/17/04
Statement of FCC Chairman Michael K. Powell on court's upholding Do-Not-Call rules. Word
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10/17/03
Mainstream Marketing Services, Inc., et al. v. FTC, FCC & USA Consolidated Opening Brief of Appellant FTC, Respondent FCC
and Respondent-Intervenor United States, Nos. 03-1429, et al.(10th Cir.)
10/08/03
FCC Logs In 2,379 Do-Not-Call Registry Complaints Since October 1.
News Release: Word
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10/07/03
Statement of Chairman Powell on 10th Circuit Court Of Appeals Lifting Stay of Do-Not-Call Registry.
Word
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10/03/03
The FCC temporarily stays the limitations
imposed in section 64.1200 (f)(3) on the duration of an "established
business relationship" as applied to the sending of unsolicited facsimile
advertisements. Word
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10/02/03
Statement By K. Dane Snowden, FCC Consumer & Governmental Affairs Bureau Chief on Telemarketing Complaints Received by the FCC.
Word |
PDF
10/02/03
FCC Establishes Special Do-Not-Call Enforcement Team.
News Release and fact sheet: Word |
PDF
10/01/03
Letter From Chairman Powell to The Direct Marketing Association, Inc.
Regarding Do-Not-Call Registry Database. PDF
10/01/03
Statement By K. Dane Snowden, FCC Consumer & Governmental Affairs Bureau Chief on Telemarketing Complaints
Received by the FCC.
Word |
PDF
9/30/03
Statement of Chairman Powell, Before the Committee on Commerce, Science, and
Transportation, United States Senate on Rules and Regulations Implementing the
Do-Not-Call Registry Pursuant to the Telephone Consumer Protection Act of 1991
Word |
PDF
9/29/03
FCC's Telemarketing Rules Approved by OMB.
Public Notice: Word |
PDF
9/26/03
Statement of Chairman Powell Following Yesterdays Do-Not-Call List Court
Decision from the Colorado District Court. Word |
PDF
9/25/03
Mainstream Marketing Services, Inc., et al. v. FCC & USA
Brief of FCC and United States In Response To The Court's September 24, 2003 Order, No. 03-9571
(10th Cir.)
9/24/03
Statement of Chairman Powell on Do-Not-Call List Court Decision.
Word
| PDF
9/10/03
Mainstream Marketing Services, Inc., et al. v. FCC & USA
Response of FCC to Petitioners' Motion for Expedited Stay Pending Appeal, No. 03-9571 (10th Cir.)
07/28/03
The Commission's Report And Order Revising The Rules On Telemarketing Under
The Telephone Consumer Protection Act Of 1991 Published In The Federal Register
News Release: Word
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07/03/03
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991
Report and Order: Word |
PDF
Powell Statement: Word |
PDF
Abernathy Statement: Word |
PDF
Copps Statement: Word |
PDF
Adelstein Statement: Word |
PDF
06/20/03
Remarks of K. Dane Snowden to Direct Marketing Association, Teleservices Conference in Miami, Florida, "Striking The Proper Balance"
04/07/03
Dates Set for Comments on Do-Not-Call Implementation Act as Part of Telemarketing Proceeding
News Release: Word | Acrobat
03/25/03
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Further Notice of Proposed Rulemaking, Dkt No. 02-278
Word | Acrobat
01/31/03
Statement by K. Dane Snowden, Chief, CGB, on the Commission's Review of its Telemarketing Rules
News Release: Word | Acrobat
12/20/02
CGB Announces an Extension of Time to File Reply Comments on the Telephone Consumer Protection Act (TCPA) Rules, DA No. 02-3554, Dkt No 02-278. Comments Due: 1/31/2003 Word | Acrobat
10/09/02
CGB announces dates for filing comments and reply comments on the Telephone Consumer Protection (TCPA) rules News Release |
Public Notice
09/18/02
Notice of Proposed Rulemaking, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 02-250 Acrobat
04/10/1997
Order on Further Reconsideration, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 97-117
08/07/1995
Memorandum Opinion and Order, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 95-310
10/16/1992
Report and Order, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 92-443 Pages 1 to 25 | Pages 26 to 43
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