Telemarketers Do Not Call
The Federal Communications Commission (FCC) released its annual report on the National Do Not Call Registry for the fiscal year 2005 on January 26, 2007. The report included an analysis of the effectiveness of the telemarketers do not call
registry, the number of consumers who have placed their phone numbers on the national telemarketers do not call
list, the number of persons paying fees to access the registry and the amount of the fees paid, an analysis of the progress of coordinating the operation and the enforcement of the registry with the various state registries and an analysis of the enforcement activities of the FCC pursuant to the Telephone Consumer Protection Act (TCPA), and a review of the enforcement proceedings under the FTC’s Telemarketing Sales Rule (TSR) and the FCC’s TCPA.
The telemarketers do not call
list was announced as a success as it provides consumers with an easy method to stop unwanted telemarketing calls. By the end of 2005 the national do not call registry list totaled over 107 million telephone numbers with 43 million numbers added that year alone. Information for consumers on how to register and how to file complaints is posted on the FCC’s website as well as do not call telemarket
rules and regulations for telemarketers. It was also reported that in 2005 a total of 6,794 entities paid fees to access the registry totaling over $18 million and that since the registry went into effect a total of 11,919 entities had paid fees to access the registry totaling over $37.5 million in fees paid to the registry since its inception.
The FCC also reported that 18 of the 25 states that maintain their own do not call lists are uploading their telemarketers do not call
data to the national do not call registry. In addition, the FCC regularly communicates with the state registries to exchange information and to coordinate their efforts regarding consumer protection issues, including telemarketing and do-not-call.
The report included several FCC enforcement proceedings Under the TCPA for the fiscal year 2005 including citations made to Direct Merchant’s Credit Card Bank, N.A., American Express Company, American First Mortgage Company, and Equity One. Perhaps the most significant do not call telemarket
enforcement proceeding was that of the proposed forfeiture of $770,000 ($11,000 per violation for each of 70 violations) issued to Dynasty Mortgage, L.L.C. for calls made in Arizona and California. These fines could have been avoided had Dynasty Mortgage been able to claim “Safe Harbor” under the TSR.
The mission of Do Not Call Compliance is to provide telemarketers with the highest level of call compliance protection, including the ability to claim Safe Harbor in the event of a call violation, at an affordable price and with a fast and easy-to-use system.