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Senior Citizen Alerts

FTC Will Not Drop Numbers from Do Not Call Registry Until Congress Decides if Renewals Necessary

Original plan called for a five-year re-registration to clean list, which now has over 145 million phone numbers

Oct. 23, 2007 – If your telephone number is about to reach the limit of the five years that it can be on the National Do Not Call Registry (DNC), don’t worry about it. Federal Trade Commission Director Lydia Parnes, director of the Federal Trade Commission’s Bureau of Consumer Protection, said today that no numbers will be dropped from the list until Congress decides if they want to make registration permanent, rather than require renewal every five years.

 

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FTC Wants All to Know the Truth About Cell Phones and Do Not Call Registry

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Oct. 12, 2007

Senior Citizens May See National Do Not Call List Drop Their Number Next Year

Seniors need to be aware registrations are just for five years

Sept. 22, 2007

What Senior Citizens Need to Know About Transition to Digital TV to be Presented Next Week

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Sept. 20, 2007

 

Read more Senior Citizen Alerts

 

FTC Chairman Deborah Platt Majoras also issued a statement confirming the agencies decision not to drop numbers at this time.

Parnes today addressed the Subcommittee on Commerce, Trade, and Consumer Protection of the Energy and Commerce Committee. Her topics included the National Do Not Call (DNC) Registry, Internet safety, and financial services.

Specifically, Parnes said that after carefully considering changes that have taken place since the Registry was implemented in June 2003, “the Commission now commits that it will not drop any telephone numbers from the Registry based on the five-year expiration period pending final Congressional or agency action on whether to make registration permanent.”

According to the testimony, when the Registry was developed, the Commission adopted a five-year re-registration mechanism and said that the list – which now contains more than 145 million phone numbers – would be periodically purged of disconnected or reassigned numbers. This was done to ensure that the Registry was as accurate as possible. The goal was “to adequately balance the need to maintain a high level of accuracy in the Registry, with the imposition on consumers to periodically re-register their telephone numbers.”

Since the Registry has been in place, however, several changes have occurred, the testimony continued, including the increased use of cell phones and the popularity of telephone number portability. In addition, the legal landscape surrounding the Registry has become clearer, and the Commission has more information about how the courts view consumer privacy in this context.

 

More Information

 
 

See Below Story:

Are you still getting telemarketing calls you don't want?

FTC Q&A about Do Not Call Registry

 

Also, the Registry has been implemented successfully for five years and has included a scrubbing program that has removed disconnected and reassigned numbers each month.
Finally, “[T]he Registry has enjoyed unprecedented popularity and helped enhance the privacy of the American public in a tangible way.”

“The Commission will continue its robust efforts to maintain the Registry’s accuracy and ensure the continued success of the Do Not Call program,” the testimony continued.

Citing a Harris Interactive survey released in January 2006 showing that 94 percent of American adults have heard of the Registry and 76 percent have placed their phone numbers on it, the testimony also described how the FTC operates the Registry, its fee structure, and the agency’s enforcement actions against companies and individuals who have not complied with its requirements.

Since the Registry has been in place, the Commission has initiated 27 cases alleging DNC violations, resulting in a total of $8.8 million in civil penalties and $8.6 million in consumer redress or disgorgement of ill-gotten gains.

In one recent case highlighted in the testimony, the Commission targeted The Broadcast Team, a telemarketer that allegedly used “voice broadcasting” to make tens of millions of illegal automated telemarketing calls, often to numbers on the Registry.

According to the FTC’s complaint, The Broadcast Team violated the “abandoned calls” provision of the DNC component of the Telemarketing Sales Rule, either by immediately hanging up on a consumer, or in some instances playing a recording instead of connecting a consumer to a live sales representative within two seconds after the consumer answered the phone.

In settling the Commission’s charges, The Broadcast Team agreed to pay a $1 million civil penalty, the second-largest penalty obtained in a Do Not Call case. Satellite television subscription seller DirecTV paid a $5.3 million penalty in 2005 for allegedly violating the Do Not Call provisions of the Telemarketing Sales Rule.

Internet Safety and Financial Services

The Commission’s testimony also touched on Internet safety and financial services. Stating that “the FTC has been very active in educating consumers about Internet safety,” it described the agency’s computer security education campaign, which is built around the OnGuardOnline.gov Web site. Created in 2005 with assistance from other federal agencies, consumer advocates, and the technology industry, the site helps “computer users guard against Internet fraud, secure their computers, and protect their personal information.”

The testimony explained how OnGuardOnline works, and stated that if H.R. 3461 – legislation that would direct the FTC to implement a national education campaign on Internet safety and authorize funds for such a campaign – was passed, the FTC would “expand efforts it already has underway to educate novice and intermediate home computer users about basic computer security.” In addition, the agency would expand the scope of topics beyond those covered on the site, and would partner with government agencies active in protecting children from cyber-crime.

Finally, the testimony addressed proposed legislation that would expand the number of bank regulatory agencies that could issue rules under the FTC Act. The Commission has a

particular interest in this area its expertise on interpretation of the FTC Act and because of its broad interest in consumer protection in financial services. Accordingly, the testimony states that the FTC supports amending Section 18 of the FTC Act to give the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) authority to issues rules prohibiting lenders from engaging in unfair or deceptive practices, but recommends two modifications.

First, the banking agencies and the National Credit Union Administration (NCUA) should be required to consult with the Commission in any rulemaking they undertake under Section 18; and the bill should be modified so that when the banking agencies and the NCUA begin a rulemaking under the FTC Act, the Commission should have the option to develop consistent and comparable rules using the same streamlined and expedited rulemaking procedures that the banking agencies would use.

The Commission vote to approve the testimony and place a copy on the public record was 5-0. The written statement presented at the hearing represents the views of the FTC.

>> Learn more about the House Resolution 3541 to make registration permanent. Enter “HR 3541” in search box.

Editor’s Notes:

Copies of the Commission’s testimony are available from the FTC’s Web site at http://www.ftc.gov and also from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580.

Are You Getting Telemarketing Calls You Don’t Want?

Here's How to Stop Them

The Federal Trade Commission (FTC) launched the National Do Not Call Registry to give Americans a choice about getting telemarketing calls at home. According to a Harris Interactive poll, 92 percent of people who reported placing a number on the registry said they are receiving fewer calls; a total of 78 percent said they’re getting “far fewer calls” or none at all.

If you think you put your number on the National Do Not Call Registry, and you’re still getting telemarketing sales calls, the Federal Trade Commission recommends that you:

  ●  Check to see that your number is on the registry. You can verify that your number is on the registry two ways: online at donotcall.gov (click on “Verify A Registration”), or by calling 1-888-382-1222 (TTY 1-866-290-4236) from the phone number you wish to verify. Follow the prompts.

  ●  You also can add your number to the registry using the same Web site or phone number (call from the number you want to register). If you register online, you will receive an email from donotcall.gov as part of the confirmation process.

  ●  You will need to click on the link in this email within 72 hours after you receive it. If you don’t click on the link in the email, the number you tried to register will not be added to the registry, and telemarketers may continue to call.

  ●  Understand that some calls are not covered. Once your number has been on the registry for 31 days, most telemarketing calls will stop. However, you still may get:

          >> calls from — or on behalf of — political organizations, charities, and telephone surveyors;
          >> calls from companies with whom you have an existing business relationship. A company may call you for 18 months after you make a purchase or three months after you submit an inquiry or application;
          >> calls from companies you’ve given permission to call.

  ●  File a complaint. If your number has been on the registry for at least 31 days, and a telemarketer calls, complain to the FTC. Visit DONOTCALL.GOV or call 1-888-382-1222 (TTY1-866-290-4236). You’ll need to provide the date of the call and the phone number or name of the company that called you.

 

Q&A: The National Do Not Call Registry

Tell Me More About the National Do Not Call Registry

  1. Why would I register my phone number with the National Do Not Call Registry?

The National Do Not Call Registry gives you an opportunity to limit the telemarketing calls you receive. Once you register your phone number, telemarketers covered by the National Do Not Call Registry have up to 31 days from the date you register to stop calling you.

  1. Who manages the National Do Not Call Registry?

The National Do Not Call Registry is managed by the Federal Trade Commission (FTC), the nation’s consumer protection agency. It is enforced by the FTC, the Federal Communications Commission (FCC), and state law enforcement officials.

  1. Why was the National Do Not Call Registry created?

The registry was created to offer consumers a choice regarding telemarketing calls. The FTC’s decision to create the National Do Not Call Registry was the culmination of a comprehensive, three-year review of the Telemarketing Sales Rule (TSR), as well as the Commission’s extensive experience enforcing the TSR over seven years. The FTC held numerous workshops, meetings, and briefings to solicit feedback from interested parties and considered over 64,000 public comments, most of which favored creating the registry. You can review the entire record of the Rule review at
www.ftc.gov/bcp/rulemaking/tsr/tsrrulemaking/index.htm.

How Does Registration Work?

  1. How soon after I register will I notice a reduction in calls?

Telemarketers covered by the National Do Not Call Registry have up to 31 days from the date you register to stop calling you.

  1. When I register my phone number, how long until it shows up on the National Do Not Call Registry?

After you register, your phone number will show up on the registry by the next day. Telemarketers have up to 31 days to get your phone number and remove it from their call lists.

  1. What if I change my mind? Can I take my number off the National Do Not Call Registry?

You can delete your phone number only by calling toll-free 1-888-382-1222 from the telephone number you want to delete. After you contact the registry to delete it, it will be removed from the National Do Not Call Registry by the next day. But telemarketers have up to 31 days to access information about your deletion and add your number back to their call lists, if they choose to.

  1. If I registered by phone, will I receive a confirmation?

No, but you can verify that your number is on the registry online at www.donotcall.gov or by calling the registry’s toll-free number (1-888-382-1222) and following the prompts for verifying that your number is on the registry.

  1. I received a phone call from someone offering to put my name on the National Do Not Call Registry. Should I let them?

No. The FTC does not allow private companies or other such third parties to register consumers for the National Do Not Call Registry. Websites or phone solicitations that claim they can or will register a consumer’s name or phone number on the National Do Not Call Registry — especially those that charge a fee — are almost certainly a scam. Consumers may register directly, or through some state governments, but never through private companies. For consumers, the National Do Not Call Registry is a free service of the federal government.


What About the Privacy of My Information?

  1. If I choose to register my phone number, how will my information be used and disclosed?

We collect your phone number and store it in the National Do Not Call Registry so that telemarketers and sellers covered by the FTC’s rules can remove your phone number from their call lists. Telemarketers are required to search the registry every 31 days and delete from their call lists phone numbers that are in the registry. Phone numbers in the registry also may be shared with law enforcement to assure compliance with federal and state law.

If you contact us via the Internet, we also collect your email address to confirm your registration request. We will store your email address in a secure manner, separate from your telephone number. We will not share your email address with telemarketers.

For more information about the privacy of your information, please see our privacy policy at www.ftc.gov/ftc/privacy.shtm

What Phone Numbers Can I Register?

  1. Can I register my cell phone on the National Do Not Call Registry?

Yes, you may place your personal cell phone number on the National Do Not Call Registry. The registry has accepted cell phone numbers since it opened for registrations in June 2003. There is no deadline to register a home or cell phone number on the Registry.

You may have received an email telling you that your cell phone is about to be assaulted by telemarketing calls as a result of a new cell phone number database; however, that is not the case. FCC regulations prohibit telemarketers from using automated dialers to call cell phone numbers. Automated dialers are standard in the industry, so most telemarketers don’t call consumers on their cell phones without their consent.

  1. Can I register all my family and friends?

You should register only your own telephone numbers.

  1. I have more than three personal telephone numbers. How can I register all of those numbers?

You may register up to three telephone numbers at one time on the National Do Not Call Registry website. You will receive a separate confirmation email for each number you wish to register online. You must open each email and click on the link in each one to complete the registration process. If you have more than three personal telephone numbers, you will have to go through the registration process more than once to register all of your numbers. There is a limit on the number of phone numbers you can register in this manner.

You can register only one phone number each time you call the National Do Not Call Registry, and you must call from the phone number you wish to register.

  1. What happens if I register more than one number at a time online?

You will get an email for each number you register online. You need to open each email and click on the link in each email within 72 hours to register those numbers.

  1. Can I register my business phone number or a fax number?

The National Do Not Call Registry is only for personal phone numbers. Business-to-business calls and faxes are not covered by the National Do Not Call Registry.


When Does My Registration Expire?

  1. How long does my phone number stay registered?

Your phone number will remain on the registry for five years from the date you register (unless you choose to take it off the registry or your phone number is disconnected). If you register online, you may want to print the Web page for your records when your registration is accepted.

  1. How can I find out when my registration expires?

You can click on the Verify a Registration button any time to check your expiration date. Your registration will expire five years from your registration date. You may want to print the Web page with your registration date for your records.


What If I Move or My Phone Is Disconnected?

  1. I moved and got a new phone number. Do I need to register the new number?

Yes.

  1. Do I need to take my old phone number off the list when I get a new number?

No. You can if you would like to, but the system will automatically remove most numbers that are disconnected and reassigned.

  1. What happens if my phone number is disconnected and then reconnected?

If your number is disconnected and then reconnected, you may need to re-register. In addition, there are actions that you or your telephone company might take that could cause your registered phone number to become unregistered ­— even if your service has not been interrupted (such as changing calling plans or other services, or changing the billing name on the account.) To verify that your number is in the Registry, go to www.donotcall.gov or call 1-888-382-1222 (TTY 1-866-290-4236). Each time you re-register, telemarketers will have 31 days to take your number off their call lists.

What If My Area Code “Splits”?

  1. If my area code changes, do I need to re-register?

If the phone companies change the three-digit area code for your home or mobile phone number, you do not have to re-register it with the National Do Not Call Registry. The number with the new area code will be registered for you during the 90-day period when both the old and new area codes work. This is known as the Permissive Dialing Period.

  1. Do I need to delete registration of my number with the old area code?

No. You do not need to delete the registration of your phone number with the old area code. An automated process will remove it after 90-day Permissive Dialing Period.


Registration and My Email Address

  1. Why do you need my email address?

When you use the registry’s website to put a phone number on the National Do Not Call Registry, we collect your email address to confirm your request. We will send you an email and you will need to click on the link in the email within 72 hours to finalize your registration. We also collect your email address when you request to verify your registration online so that we can email you a response to your verification request. We will store your email address in a secure manner, separate from your telephone number. We will not share your email address with telemarketers.

  1. Can I register online if I do not have an active email address?

No. The online registration process requires an active email address. If you register online, we will send you an email message with a link in it. You need to click on the link in the email within 72 hours to finalize your registration. If you do not have an email address, you can register by phone
(1-888-382-1222).

  1. Can I reply to the email I got when I was registering?

No. The email address is a one-way mail service. It cannot accept incoming emails. You must click on the link within the email within 72 hours to finalize your registration.

  1. What if my email address changes after I register? Will I still be able to verify my registration on the national registry?

Yes, you will be able to use your new email address to verify your phone number online.


I’m Having Problems With Registration

  1. I called to register my phone number, but the message said my phone number could not be verified. Why not?

When you call to register a phone number, you are asked to enter the number you are calling from. The system tries to match the number you enter to “Automatic Number Identification” or ANI, which is like Caller ID for the telephone network. A small percentage of U.S. phones do not have ANI. If your phone doesn’t, the system will have trouble locating your phone number. You can register your phone number on the National Do Not Call Registry website at www.donotcall.gov.

  1. I called to register my phone number, but the message said that the phone number I was calling from did not match the phone number I entered. What happened?

To register, you must call from the phone you want to register. For example, you cannot register your home phone number by calling from work.

Also, people in certain communities — such as senior living centers or university residences — have phone numbers that are hidden by a PBX (private branch exchange) telephone system and cannot be matched by the National Do Not Call system. If you live in such a community, you can register your phone number on the National Do Not Call Registry website at www.donotcall.gov.

  1. I received an email from Register@donotcall.gov, but I don’t get a “Registration Complete” message when I try to click on the link. What should I do?

You may not be able to click on the link in your email from Register@donotcall.gov, or it may take you to a page that says “Registration Incomplete.” You can complete your registration by using the “cut” and “paste” functions to insert the link in the email into the “address” line on your Web browser. You must cut and paste the entire link. It is very long — possibly more than one line of text. You cannot re-type the link.


Will All Telemarketing Calls Stop If I Register?

  1. If I register my number on the National Do Not Call Registry, will it stop all telemarketing calls?

No. Placing your number on the National Do Not Call Registry will stop most telemarketing calls, but not all. Because of limitations in the jurisdiction of the FTC and FCC, calls from or on behalf of political organizations, charities, and telephone surveyors would still be permitted, as would calls from companies with which you have an existing business relationship, or those to whom you’ve provided express agreement in writing to receive their calls.

  1. Are calls from political organizations or calls soliciting for charities covered?

Political solicitations are not covered by the TSR at all, since they are not included in its definition of “telemarketing.” Charities are not covered by the requirements of the national registry. However, if a third-party telemarketer is calling on behalf of a charity, a consumer may ask not to receive any more calls from, or on behalf of, that specific charity. If a third-party telemarketer calls again on behalf of that charity, the telemarketer may be subject to a fine of up to $11,000.

  1. What about telephone surveys?

If the call is really for the sole purpose of conducting a survey, it is not covered. Only telemarketing calls are covered — that is, calls that solicit sales of goods or services. Callers purporting to take a survey, but also offering to sell goods or services, must comply with the National Do Not Call Registry.

  1. My number is on the National Do Not Call Registry. After I bought something from a company, a telemarketer representing that organization called me. Is this a violation?

No. By purchasing something from the company, you established a business relationship with the company. As a result, even if you put your number on the National Do Not Call Registry, that company may call you for up to 18 months after your last purchase or delivery from it, or your last payment to it, unless you ask the company not to call again. In that case, the company must honor your request not to call. If they subsequently call you again, they may be subject to a fine of up to $11,000.

An established business relationship with a company also will be created if you make an inquiry to the company, or submit an application to it. This kind of established business relationship exists for three months after the inquiry or application. During this time, the company can call you.

If you make a specific request to that company not to call you, however, then the company may not call you, even if you have an established business relationship with that company.

  1. Are telemarketing calls from overseas covered?

Yes. Any telemarketers calling U.S. consumers are covered, regardless of where they are calling from. If a company within the U.S. solicits sales through an overseas professional telemarketer, that U.S. company may be liable for any violations by the telemarketer. The FTC can initiate enforcement actions against such companies.


Other Ways To Limit Telemarketing Calls

  1. I’m happy to have the choice to limit telemarketing contacts, but there are some telemarketing calls I don’t mind receiving. Is there a way to allow only certain companies to call?

Yes. If you give a company your written permission to call you, they may do so even if you have placed your number on the National Do Not Call Registry.

  1. If I don’t want to put my number on the National Do Not Call Registry, can I still stop telemarketers from calling?

Yes. Even if you do not register with the National Do Not Call Registry, you can still prohibit individual telemarketers from calling by asking them to put you on their company’s do not call list.

  1. What is the relationship between the state do not call lists and the National Do Not Call Registry in terms of coverage?

The National Do Not Call Registry requirements are at least as stringent as most state laws. Most unwanted telemarketing calls will be covered by the National Do Not Call Registry. States also can continue to enforce their lformation on the FCCp://www.fcc.gov"> www.fcc.gov.


Filing a Do Not Call Complaint

  1. When can I file a do not call complaint?

If your number has been on the National Do Not Call Registry for at least 31 days and you receive a call from a telemarketer that you believe is covered by the National Do Not Call Registry, you can file a complaint at the registry’s website at www.donotcall.gov or by calling the registry’s toll-free number at 1-888-382-1222 (for TTY, call 1-866-290-4236). To file a complaint, you must know either the name or telephone number of the company that called you, and the date the company called you.

  1. How do I file a do not call complaint? What do I need to file a complaint?

You can file your complaint on the registry’s website, www.donotcall.gov, using the File a Complaint page. You must know either the name or the phone number of the company that called you. You also must provide the date that the company called you and your registered phone number. You may provide your name and address, but it’s not required for you to submit a complaint. You also may call the registry’s toll-free number at (1-888-382-1222) to file a complaint (for TTY, call 1-866-290-4236).

  1. What happens to my complaint?

Do not call complaints will be entered into the FTC’s Consumer Sentinel system, a secure, online database available to more than 1,000 civil and criminal law enforcement agencies. While the FTC does not resolve individual consumer problems, your complaint will help us investigate the company and could lead to law enforcement action.

  1. What if I get a telemarketing call, but can’t get the telemarketer’s name or phone number?

For law enforcement officials to take action on your complaint, they need either the telemarketer’s name or phone number, as well as the date of the call. If you want to report a do not call violation, please get that information.

  1. Where can I get more information?

If you have questions or complaints regarding the Do Not Call Registry, please contact the FTC by email at dncconsumerinquiry2@ftc.gov, or by mail at:

National Do Not Call Registry
Attn: DNC Program Manager
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, DC 20580

 

The FTC says it works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint, or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint form at http://www.ftc.gov. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to more than 1,600 civil and criminal law enforcement agencies in the U.S. and abroad.

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