The National Do Not Call Registry is a database maintained by the United States federal government, listing the telephone numbers of individuals and families who have requested that telemarketers not contact them. Certain callers are required by federal law to respect this request. Separate laws and regulations apply to robocalls in the United States. The Federal Trade Commission (FTC) opened the National Do Not Call Registry in order to comply with the Do-Not-Call Implementation Act of 2003 (Pub. L. 108–10 (text) (PDF), was H.R. 395, and codified at 15 U.S.C. § 6101 et seq.), sponsored by Representatives Billy Tauzin and John Dingell and signed into law by President George W. Bush on March 11, 2003. The law established the FTC's National Do Not Call Registry in order to facilitate compliance with the Telephone Consumer Protection Act of 1991. A guide by FTC addresses a number of cases. Registration for the Do-Not-Call list began on June 27, 2003, and enforcement started on October 1, 2003. Since January 1, 2005, telemarketers covered by the registry have up to 31 days (initially the period was 90 days) from the date a number is registered to cease calling that number. Originally, phone numbers remained on the registry for a period of five years, but are now permanent because of the Do-Not-Call Improvement Act of 2007, effective February 2008. Consumers may add landline or cellular numbers to the registry, but FCC regulations prohibit telemarketers from calling a cellular phone number with an automatic dialer under almost all circumstances (in the US, unlike most other countries, the recipient of a call to a cellphone is charged for the call). In 2005, a rumor began circulating via e-mail that cell phone providers were planning on making their number directories available to telemarketers. The FTC responded by clarifying that cell phones cannot legally be called by telemarketers. Similarly, fax numbers do not need to be included in the registry due to existing federal laws and regulations that prohibit the sending of unsolicited faxes. If a person does not want to register a number on the national registry, they can still prohibit individual telemarketers from calling by asking the caller to put the called number on the company's do-not-call list.
Legal challenges The do-not-call list was slated to take effect on October 1, 2003, but two federal district court decisions almost delayed it. One from Oklahoma was overcome by special legislation giving the FTC specific jurisdiction over the matter. The other from Colorado revolved around questions of regulation of commercial speech and threatened to delay implementation of the list. However, President Bush signed a bill authorizing the no-call list to go ahead in September 2003. Finally, the United States Court of Appeals for the Tenth Circuit on February 17, 2004, upheld the constitutionality of the law.
Exceptions to the do-not-call rule
Exceptions Placing one's number on the National Do Not Call Registry will stop some, but not all, unsolicited calls. The following are exceptions granted by existing laws and regulations—and these types of organizations can register with donotcall.gov and can purchase telephone lists from the Do Not Call Registry
The registry only applies to calls to personal phone lines, not to business lines. A person may still receive calls from political organizations. The organization Citizens for Civil Discourse has lobbied Congress to close this exception by developing a National Political Do Not Call Registry where voters can register their phone numbers and ask politicians to take the "Do Not Contact Pledge". Its database is not backed by the force of law, and as of November 2008, only three politicians running for office had signed the pledge. A person may still receive calls from not-for-profit organizations. A person may still receive calls from those conducting surveys. A person may still receive calls from a company up to 31 days after submitting an application or inquiry to that company, unless the company is specifically asked not to call. A person may still receive calls from bill collectors (either primary creditors or collection agencies). These callers are, however, regulated by other laws, such as the Fair Debt Collection Practices Act, which limits them to calling during "reasonable hours". Some creditors may not call debtors who file for bankruptcy protection.
Loopholes Some attempts have been made by telemarketers to skirt the do-not-call list rules. An example is the Dove Foundation, which places "survey" calls and then requests permission for a follow-up call. The follow-up call is conducted by a for-profit company attempting to sell products. This operation resulted in a restraining order in Missouri in March 2006.
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