Consumers Get a Break! What the New "Do-Not-Call Law Means to You

On March 11, 2003 a law was passed that allows consumers to place their telephone numbers on a national Do-Not-Call List.

This makes it illegal for telemarketers to call a number listed for solicitation of business. Companies that violate this law face up to $11,000 per incident in fines. Companies are required to update their lists every 3 months.

The Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) share a role in the system. Whereas in the past the FTC had jurisdiction over telemarketers, some companies such as banks, mortgage institutions, and airline companies were virtually exempt. The FTC had no way to enforce these industries over which they had no jurisdiction. The FCC, on the other hand, did have jurisdiction.

Under the law both agencies work together to create a common complaint line that is administered by the FTC with complaints being directed to the appropriate agency.

Are there problems? Of course, we are talking about Federal Government :) There are inconsistencies between the FTC and the FCC's rules and assessment of how this affect consumers, as well as how to address them. The FCC is required to report to both the House and the Senate commerce committees on the effectiveness of this new Do-Not-Call list, as well as enforce both federal and state levels of the program.

There are some BUTS that consumers should be aware of.

1. Some telemarketers will be allowed to continue calling consumers who have purchased, leased or rented goods or services from the company within the last 18 months before the call.

2. If the consumer has submitted an application or made an inquiry to the company within the last year and a half, the telemarketer has "permission" to call the consumer.

3. If the consumer has made a written statement giving permission to the company to call, the telemarketer can continue to call the consumer.

4. Telemarketers working on behalf of charity organizations are exempt from this new rule, unless the consumer has made a charity-specific do-not-call request.

Includes Faxes Too!

Faxes are also covered in this law. Junk faxes are faxes sent to your fax machine unsolicited. If you have a home fax, you probably have been awaken in the wee hours of the morning as we have with junk faxes from mortgage lenders and stock brokers. See our advice on Getting Rid of Unwanted Faxes

As with the telephone solicitation, there are exceptions, namely an "established business relationship" allows the company to send you faxes.

To Add your name or business to the National-Do-Not-Call List visit The FCC Website and click on the Do-Not-Call Registry The service is Free.