The Federal Trade Commission (FTC) has amended the
Telemarketing Sales Rule (TSR) to give consumers a choice about whether
they want to receive most telemarketing calls. Beginning October 1, 2003,
it will be illegal for most telemarketers or sellers to call a number
listed on the registry.
When will the National Do Not Call Registry take effect?
A:
Consumers can register online or via phone now.
In September 2003, telemarketers, sellers and their service providers will have
access to the registry. They will be required to scrub their call lists against
the National Do Not Call Registry at least once every three months.
On October 1, 2003, the FTC and the States will start to enforce the National
Do Not Call Registry provisions of the Amended Telemarketing Sales Rule.
Violators are subject to a fine of up to $11,000 per violation. All covered
sellers and telemarketers must access the National Do Not Call Registry in
September 2003 if they plan to make covered calls after October 1, 2003.
Who is covered by the National Do Not Call Registry?
A:
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.
Q:
What about an established business relationship?
A:
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 Does It Work?
Q:
How will I access the National Do Not Call Registry?
A:
Online at telemarketing.donotcall.gov, which
will be available starting September 1, 2003.
Q:
How will the National Do Not Call Registry work?
A:
Telemarketers and sellers will be required to
search the registry at least every three months and drop from their call lists
the phone numbers of consumers who have registered. The dedicated, fully
automated and secure Web site at telemarketing.donotcall.gov (available
September 1, 2003) will provide this information to telemarketers and sellers.
When an organization accesses the system for the first time, they will have to
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 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.
On October 1, 2003, 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.
What kinds of organizations may access the National
Registry?
A:
Seller – includes any organization that, 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.
Telemarketer (“TM”) – includes any person who, in connection with
telemarketing, initiates or receives telephone calls to or from a customer.
Telemarketers may access the National Registry at no charge if they are
authorized to use their seller/client’s Subscription Account Number (SAN), and
they use the data they download only for that client. Telemarketers also may
gain “independent access” to the National Registry if they wish to do so
voluntarily by paying their own access fee and if they agree to the
certification requirements. Even if telemarketers gain “independent access,”
they may not use the data to place calls except as authorized by a
seller/client’s SAN.
Service Provider (“SP”) – a person that provides assistance to sellers or
telemarketers to engage in telemarketing, such as list brokers and service
bureaus. Service Providers may access the National Registry at no charge if
they are authorized to use their seller/client’s Subscription Account Number
(SAN), and they use the data they download only for that client. Service
Providers also may gain “independent access” to the National Registry if they
wish to do so voluntarily by paying their own access fee and if they agree to
the certification requirements. Even if service providers gain “independent
access,” they may not use the data to place calls except as authorized by a
seller/client’s SAN.
Exempt Organizations (“EO”) – an organization that is exempt from both the
FTC’s and FCC’s requirements to access the National Registry, but that
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.
Q:
What is an Organization ID?
A:
For each organization that creates a profile,
the system creates a unique number known as the Organization ID. This ID must
be used together with a password to log in and access the National Registry.
Q:
Who is the Authorized Representative for an
organization?
A:
An Authorized Representative is the person
in an organization who certifies that the organization will comply with the
requirements of the National Registry and serves as the point of contact for
law enforcement and for the National Registry's Help Desk; pays for area codes,
if a fee is owed; and manages passwords.
The Authorized Representative and the person
accessing telephone numbers for any organization must certify compliance with
the requirements of the National Registry. No organization will be permitted
access until certification is complete. Here is the full text of the
Certification:
I am authorized to certify and do so certify on behalf of my Organization, as
well as any Clients for which my Organization is accessing the National Do Not
Call Registry:
that I have reviewed the Federal Trade Commission's amended Telemarketing Sales
Rule, 16 CFR Part 310, and the Federal Communication Commission's Rules
and Regulations Implementing the Telephone Consumer Protection Act of 1991, 47
CFR Section 64.1200, I am familiar with their requirements as they pertain to
my organization, and our access to the National Registry is permitted by law
and is solely to comply with the provisions of these Rules, or to otherwise
prevent telephone calls to telephone numbers on the National Registry;
that our statements to the Federal Trade Commission in connection with
accessing the National Registry, including our identification of
Organization, Representative, Clients (if any), and status as an Exempt
Organization (if claimed), are true, correct, and complete;
that our fee(s) for access to the National Registry, if required by law, either
has been or will be paid before downloading any data from the National
Registry; and
that our use of this National Registry Web site establishes our actual
knowledge that abusive telemarketing acts or practices are unfair or deceptive
and prohibited by law, and that such illegal acts may include:
selling, renting, leasing, purchasing, or using any data in the National
Registry for any purpose except compliance with the provisions of the FTC and
FCC regulation of telemarketing or otherwise to prevent telephone calls to
telephone numbers on the National Registry;
participating in any arrangement to share the cost of accessing the National
Registry, including any arrangement with any telemarketer or service provider
to divide the costs to access the National Registry among various clients of
that telemarketer or service provider;
initiating an outbound telephone call to a person’s telephone number on the
Registry unless otherwise authorized by law.
The text below is provided only to Exempt Organizations when they are
certifying compliance. They are required to indicate the type of Exempt
Organization they are by checking the radio button beside their selection.
NOTICE CONCERNING EXEMPT ORGANIZATION STATUS:
I am authorized to certify that my organization is an Exempt Organization for
the purpose of accessing the National Do Not Call Registry and thus should be
given access to the Registry without charge. I understand that it is a
violation of federal law for my organization to access the Registry without
charge if payment of the fee is required by law.
Choose the description that best fits your organization's exempt status:
Charitable Calls and/or Tax Exempt
Survey Calls
Political Calls
Established Business Relationship/Express Agreement Calls
Other
See, e.g., 16 C.F.R. § 310.4(b)(1), (b)(2), 310.8(e); see also 47 C.F.R.
64.1200.
Q:
What is a Subscription Account Number?
A:
A Subscription Account Number (SAN)
is a unique number identifying an organization’s subscription to area codes in
the National Registry. The SAN is assigned when payment is accepted. At the end
of the annual subscription period, the SAN expires.
Q:
What is the annual subscription period?
A:
The annual subscription period
is the twelve months following the first day of the month in which an
organization’s subscription is accepted. For example, if an organization
subscribes on September 15, 2003, its annual subscription period will expire on
August 31, 2004. During its annual subscription period, an organization may
download registered telephone numbers in area codes for which it has
subscribed.
An Employer Identification Number (EIN) is a
number assigned by the Internal Revenue Service to companies and organizations.
You are required to enter your organization’s EIN to create a profile, unless
you are the sole owner or proprietor of the company or organization. An EIN has
the format nn-nnnnnnn.
A Social Security Number (SSN) is a number assigned to an individual by the
Social Security Administration. If you do not have an Employer Identification
Number (EIN) because you are the company's sole owner or proprietor, then you
must enter your Social Security Number to create a profile. The SSN has the
format nnn-nn-nnnn.
Q:
What area codes are in the National Registry?
A:
The area codes in the National Do Not Call
Registry cover the 50 states, the District of Columbia, Puerto Rico, U.S.
Virgin Islands, Guam, North Mariana Islands, American Samoa, and toll-free
numbers (500, 800, 866, 877, 880, 881, 882, and 888). There are currently 317
area codes, including toll-free numbers.
The registry allows an organization to create
two passwords - one for the Authorized Representative, which allows access to
all functions on this site, and a more limited download password, which only
allows access to the Download, Contact Help Desk and View Area Codes functions.
This affords the organization maximum flexibility.
Q:
What are the two passwords?
A:
The password for Authorized Representative
grants access to all functions on this Web site: Create Profile, Review/Update
Profile, Subscribe and Pay, Manage Clients, Download Phone Numbers and Contact
Help Desk.
The password for download grants access ONLY to the
Download Phone Numbers, Contact Help Desk and View Area Codes functions.
Q:
I forgot our Representative or our Download password.
How do I get the password reset?
A:
Click on the Review/Update Profile button. On
the log-in screen, click the link labeled Reset Password. In the dialog box
that appears, enter your Organization ID and the email address for the
Authorized Representative and click Submit.
An automated process sends an email to the Authorized Representative, who must
open the email and click on a link. The link opens a web page where the
Authorized Representative enters the Organization ID and clicks a button to
confirm changing the password. A new page shows the new password. If it is a
Download password, the Authorized Representative must distribute it to the
people who need that password.
Q:
How do I change our Representative or Download password?
A:
Click on the Review/Update Profile button and
enter your Organization ID. Click Change My Password. When the Change My
Password screen appears, follow these steps:
Enter your Organization ID and the Representative Password.
Select either Representative or Download.
Enter the New Password twice.
Click Submit.
The screen will confirm that the password has been changed.
A password must be at least 8 characters. It
must include letters (both lower and upper case), numbers (digits 0 through 9),
and either punctuation or symbols (such as a comma "," or an asterisk "*"). For
example: WjTYU=59
You are allowed only 3 attempts to log in. If you do not correctly enter your
Organization ID and the Representative Password or Download Password after 3
attempts, your access will be disabled. Then you must reset your password
before you can access the registry.
Only the Authorized Representative for an organization may change passwords or
reset a forgotten password. Passwords must be changed at least once a year. A
password may not be reused for 2 years.
The National Registry requires organizations to
provide two email addresses in order to correctly email either the Authorized
Representative or the person responsible for downloads. Both addresses may be
the same, if the organization desires.
Q:
What are the two email addresses?
A:
The email address for Authorized
Representative is the email address of the person identified as the
organization’s Authorized Representative. The National Do Not Call Registry
sends email to this address in response to requests to reset forgotten
passwords and to requests for assistance from the Help Desk. The Authorized
Representative may also request a change list for downloading; the National
Registry will send an email when the download is ready.
The email address for download is the email address to
which the National Registry sends an email when a requested change list is
ready for downloading.
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
Q:
Help Desk Responses
A:
During operational hours, the Help Desk will
respond to requests for assistance within two hours of receipt. Otherwise, the
Help Desk will respond within two hours of the start of normal business hours.
Q:
Email from the Help Desk
A:
The Help Desk responds only via email. AT&T
Government Solutions operates the Help Desk and Help Desk email uses an
AT&T address (rm-FTChelp@ems.att.com).
Q:
Requesting Assistance
A:
To open a trouble ticket, you must fill out a
form and submit it. On the form, select a problem type. The system assigns a
problem case number to your reported problem for tracking purposes.
The Help Desk provides responses via email only. If the Help Desk inquiry comes
from the download email address, the Authorized Representative will be copied
on the email responses.
Full area code lists are updated every day and are usually available for
download after 8:00 am ET each day.
Q:
What ways can I access telephone numbers?
A:
Full List Download is a download that
contains all the registered telephone numbers within the area codes that are
part of your organization’s subscription. Downloads of multiple area codes or
states have to be done sequentially by file. Each area code or state list is a
discrete file. A download of the entire National Registry is one discrete file.
Change List Download is a download that contains telephone numbers
added to or deleted from the National Registry since the last time your
organization downloaded its subscription. You will be notified by email when
the change list download is ready, which may take up to 24 hours.
Interactive Phone Search allows you to enter an area code and up to 10
telephone numbers in that area code. For each telephone number entered, the
system displays whether the number is Registered or Not Registered.
XML Tagged File is an
XML tagged file containing both data and markers (“tags”) with
information in angle brackets that indicate the nature of the data.
Download files are compressed or zipped to make
downloads faster and more secure.
Use any standard software for uncompressing or unzipping downloaded files. If
you do not have this software installed on your computer, you can download it
from one of the Web sites that offer such software:
Note: The Federal Trade Commission and the National Do Not Call Registry do not
endorse any Web sites, vendors or software products. This list is provided
simply for your convenience.
Q:
How do I uncompress a file?
A:
Generally, you will need to rename the
downloaded file to conform to the conventions required by the decompression
software you are using. For example, you may need to rename the
file so it has a .ZIP file extension. After you rename the file,
then click on it to launch the decompression software. For details, you
should consult the documentation for your decompression software.
The full list will grow larger as more telephone
numbers are entered into the National Registry. The size of a change list
depends on how long ago you downloaded a list and how many telephone numbers
were added and deleted during that time.
The charts below provide estimates of file sizes for the full list, but be
aware that the size of the files you download may be different. The estimates
are based on the assumption that 40 million telephone numbers are in the
National Registry.
The time to download a file depends on the
connection speed on your end. Here are examples of download times for three
different connection speeds: 56 Kbps (kilobits per second), 500 Kbps, and 1.5
Mbps (megabits per second). The download times are shown in number of seconds,
number of minutes, and number of hours. The charts also show the download times
for different files: one area code, five area codes, a large state, 83 area
codes, and all U.S. area codes (including toll free area codes).
Connection Speed: 56 Kilobits per Second --
Modem
FLAT FILE (FULL)
One AC
Five ACs
Large St.
83 ACs
All
Compressed
Download Time in Seconds
89.85
449.25
1,527.43
7,457.47
28,482.14
Download Time in Minutes
1.50
7.49
25.46
124.29
474.70
Download Time in Hours
0.02
0.12
0.42
2.07
7.91
XML FILE (FULL)
One AC
Five ACs
Large St.
83 ACs
All
Compressed
Download Time in Seconds
161.73
808.64
2,749.38
13,423.45
51,267.86
Download Time in Minutes
2.70
13.48
45.82
223.72
854.46
Download Time in Hours
0.04
0.22
0.76
3.73
14.24
Connection Speed: 500 Kilobits per Second
FLAT FILE (FULL)
One AC
Five ACs
Large St.
83 ACs
All
Compressed
Download Time in Seconds
10.06
50.32
171.07
835.24
3,190.00
Download Time in Minutes
0.17
0.84
2.85
13.92
53.17
Download Time in Hours
0.00
0.01
0.05
0.23
0.89
XML FILE (FULL)
One AC
Five ACs
Large St.
83 ACs
All
Compressed
Download Time in Seconds
18.11
90.575
307.93
1,503.43
5,742.00
Download Time in Minutes
0.30
1.51
5.13
25.06
95.70
Download Time in Hours
0.01
0.03
0.09
0.42
1.60
Connection Speed: 1.544 Megabits per Second
FLAT FILE (FULL)
One AC
Five ACs
Large St.
83 ACs
All
Compressed
Download Time in Seconds
3.26
16.29
55.40
270.48
1,033.03
Download Time in Minutes
0.05
0.27
0.92
4.51
17.22
Download Time in Hours
0.00
0.00
0.02
0.08
0.29
XML FILE (FULL)
One AC
Five ACs
Large St.
83 ACs
All
Download Time in Seconds
5.87
29.33
99.72
486.86
1,859.46
Download Time in Minutes
0.10
0.49
1.66
8.11
30.99
Download Time in Hours
0.00
0.01
0.03
0.14
0.52
Q:
How does downloading work?
A:
Downloads work in different ways, depending on
your list selection. Remember that before you can download registered telephone
numbers, you must agree to the certification requirements of the National
Registry.
If you choose to download a full list, you will see a list of the files for
your subscription. For example, if you registered for 5 area codes, you will
see each one listed; if you registered for 2 states, you will see each state
listed; if you registered for all area codes, you will see a single file. Click
on the file indicator, and then answer the dialog questions to save it to disk.
If you have multiple files to download, repeat this process for each file. Be
sure you have enough disk space to hold the downloaded files. Once the files
are downloaded, you must uncompress them.
If you choose to download a change list, the National Registry will prepare a
custom list of telephone numbers added to and deleted from the National
Registry since your last download. When your change list is ready, you
will receive an email at your download email address. This should be
within 24 hours after you submit your request. Open the email and click on the
link to start the download. Answer the dialog questions to save it to disk. Be
sure you have enough disk space to hold the downloaded files. Once the change
list is downloaded, you must uncompress it.
For change lists, you may also choose to set up a SOAP-based web service to
automate downloads of XML tagged files. The compressed XML payload is
similar to that of the XML change files. You must contact the Help Desk
to obtain specific technical details and the WSDL specification for this
service.
Click the Contact Help Desk button and fill out
the form to report this to the Help Desk. Each organization is limited to one
download per day, which may include multiple files. The Help Desk will need to
reset the limit so you can try to download again.
The download files come in two different formats:
Flat Text Files or
XML Tagged Files. The sections below describe the contents of these
file formats for full lists and for change lists. A full list in Flat Text file
format looks different from a change list in Flat Text file format.
The full list in a flat text file has one
three-digit area code and seven-digit telephone number per line, with a
carriage return at the end of each line:
The change list in a flat text file has one
record per line, with a carriage return at the end of each line. Each record
has a 10-digit telephone number, a date and time stamp, and the transaction
type (the letter A if the phone number was added or the letter D if the phone
number was deleted).
The change list XML file has a 7-digit telephone number, a date and time stamp,
and the transaction type (the letter A if the phone number was added or the
letter D if the phone number was deleted.)
What browsers work best with the National Do Not Call
Registry Web site?
A:
This Web site has been tested with a variety of
systems and web browsers. The most commonly used browsers are Internet Explorer
(IE) and Netscape.
Note: The Federal Trade Commission and the National Do Not Call Registry do not
endorse any of the following Web sites, vendors, or software products. This
list is provided simply for your convenience.
For Netscape, versions 7.x and 6.2 are supported. There are known problems with
Netscape versions 6.0, 6.1 and 4.75. If you are using one of those versions,
please upgrade to Netscape version 7.0; the Web site is http://channels.netscape.com/ns/browsers/download.jsp.
Exempt organizations that apply to the National Do Not Call Registry must wait
for a review by the Federal Trade Commission (FTC) before beginning to download
the telephone numbers to which they have subscribed.
The chart below outlines how the waiting period works. The timing of the
waiting periods depends on when you create your profile. When you apply for
Exempt Organization status, the FTC will begin reviewing your profile the NEXT
business day.
This chart is based on the normal, non-holiday schedule. For federal holidays,
adjust the schedule accordingly. Click here to see a list of
federal holidays.
EXEMPT ORGANIZATIONS
If you Create Your Profile on...
If your organization pays for its subscription using direct debit from a bank
account (also known as electronic funds transfer by entering the bank ACH
number at the Pay.Gov Web site), you must wait three business days before you
begin downloading from the Registry.
The chart below outlines how the waiting period works. The timing of the
waiting periods depends on when you submit your payment:
If you submit your direct debit payment BY 3:00 p.m. Eastern time, it will
begin processing with a three-day waiting period.
If you submit your direct debit payment AFTER 3:00 p.m. Eastern time, it will
begin processing with a four-day waiting period.
The chart below is based on the normal, non-holiday schedule. For federal
holidays, adjust the schedule accordingly. Click here to see a list of
federal holidays.
DIRECT DEBIT PAYMENTS
If you Pay by 3:00 p.m. Eastern on...
Do I need to pay for area codes that change (Split)?
A:
Occasionally, area codes will be “split” into other area codes to provide more
numbers to a densely populated area. For example, area code 909 may be divided
into 909 and 951. When this occurs, telemarketers who want those numbers will
be required to subscribe to the new area code (assuming they have not already)
and pay the appropriate amount if the new area code exceeds their limit of five
“no-cost” area codes. If the purchase is made after a six-month period of
having a Subscription Account Number (SAN) the amount will be reduced. If you
have subscribed to all area codes (the Global list) or a complete state you
will not be required to purchase the new area code.
