Compliance on the Line:
Telemarketers to Start Transmitting Caller ID Information
Beginning January 29, 2004, telemarketers
must transmit Caller ID information in order to comply
with the Telemarketing Sales Rule (TSR). This information
will help consumers choose which sales calls they want
to take.
The Federal Trade Commission (FTC),
the nation's consumer protection agency, amended the
TSR by creating the National Do Not Call Registry. The
registry protects consumers' privacy by giving them
a choice about whether they want to receive most telemarketing
calls.
Telemarketers are required to transmit
their telephone number, and if possible, their name,
to consumers' Caller ID services. While it is technologically
possible to transmit callers' numbers nearly
everywhere, transmitting callers' names may
not be available everywhere yet.
To comply with this requirement,
a telemarketer may:
- transmit its own number and, where available, its
own name, to consumers' Caller ID services, or
- substitute the name of the seller (or charitable
organization) on whose behalf it is calling, and the
seller's (or charitable organization's) customer (or
donor) service telephone number, which is answered
during regular business hours.
The FTC acknowledges that some situations
may arise when a consumer who subscribes to a Caller
ID service does not receive a telemarketer's transmission
of Caller ID information, even though the telemarketer
has arranged to transmit the information in every call.
For example, that can happen if the Caller ID information
is dropped somewhere between the telemarketer's call
center and the consumer's telephone.
The FTC says that telemarketers who
can show that they took all available steps to ensure
the transmission of Caller ID information in every call
will not be held liable for isolated instances when
the Caller ID information fails to make it to the consumer's
receiver. However, a telemarketer's use of calling equipment
that can't transmit Caller ID information is no excuse
for failure to transmit the required information.
According to the FTC, information
transmitted through Caller ID can facilitate the filing
of complaints if consumers suspect a caller is violating
the National Do Not Call Registry. A consumer whose
number has been on the Registry for at least three months
must know the date of the call, and either the name
or the telephone number of the company that called.
Consumers who have signed up for the National Do Not
Call Registry can file a do not call complaint at www.donotcall.gov
or by phone at 1-888-382-1222.
Information about the Federal Communications Commission's
telemarketing regulations under the Telephone Consumer
Protection Act, including provisions governing the transmission
of Caller ID (47 C.F.R. § 64.1200), is available
at www.fcc.gov.
The National Small Business Ombudsman
and 10 Regional Fairness Boards collect comments from
small businesses about federal compliance and enforcement
activities. Each year, the Ombudsman evaluates the conduct
of these activities and rates each agency's responsiveness
to small businesses. Small businesses can comment to
the Ombudsman without fear of reprisal. To comment,
call toll-free 1-888-REGFAIR (1-888-734-3247) or go
to www.sba.gov/ombudsman.
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