| Current Status of the Do-Not-Call Registry:
The FTC operates and enforces the Do-Not-Call
Registry. The agency began accepting complaints from consumers at
6 PM on Saturday, October 11, 2003.
Telemarketers challenged the Do-Not-Call Registry, arguing
that the list was an unconstitutional burden on business' right to free
speech. However, the 10th Circuit Court of Appeals has held that the
Do-Not-Call Registry is constitutional, and the Supreme Court let the
10th Circuit's decision stand.
The FTC originally adopted a five-year re-registration mechanism; this was done to ensure that the Registry was as accurate as possible, while not placing too great a burden on consumers to re-register their telephone numbers. However, for five years the FTC has successfully used a scrubbing program to purge the Registry of disconnected and reassigned numbers each month. The increased use of cell phones and the popularity of telephone number portability also make the re-registration procedure less necessary than it may have been five years ago.
It is not necessary to register cell phone numbers on the National Do Not Call Registry to be protected from most telemarketing calls to cell phones.
On October 23, 2007, in testimony (pdf) before the US House of Representatives’ Subcommittee on Commerce, Trade, and Consumer Protection, the Federal Trade Commission committed “that it will not drop any telephone numbers from the Do Not Call Registry based on the five-year expiration period pending final Congressional or agency action on whether to make registration permanent.”
Tips for Handling Telemarketers:
Timeline
October 23, 2007
- In testimony (pdf) before the US House of Representatives’ Subcommittee on Commerce, Trade, and Consumer Protection, the Federal Trade Commission commits “that it will not drop any telephone numbers from the Do Not Call Registry based on the five-year expiration period pending final Congressional or agency action on whether to make registration permanent.”
October 4, 2004
- The Supreme Court refuses
to hear (pdf) an appeal of the Tenth Circuit opinion that held
that the Do-Not-Call Registry is constitutional.
May 14, 2004
- Telemarketers appeal
the Tenth Circuit decision to the Supreme Court. The Court will decide
whether to hear the case in October 2004. The case is docketed as
Mainstream Marketing Services, Inc., et al., Federal Trade Commission,
et al., No. 03-1552.
February 17, 2004
-
The U.S. Court of Appeals for the Tenth Circuit upholds
(pdf) the Federal Trade Commission Do-Not-Call Registry against
a legal challenge brought by telemarketers. The decision allows
the continued operation of the list, allows the government to levy
fees on telemarketers for its operation, and recognizes that the
FTC has the authority to create and operate the list.
December 19, 2003
-
The FCC issues its first Do-Not-Call citation
(pdf) to California Pacific Mortgage of Irvine, CA.
November 10, 2003
November 3, 2003
- The FCC proposes
to fine AT&T $780,000 for apparent violations of the company-specific
Do-Not-Call list.
October 24, 2003
- The FTC reports that consumers registered with the National
Do-Not-Call Registry have filed more than 37,000 complaints against
telemarketers who continue to call them. 53.7 million numbers are
now registered on the Do-Not-Call list.
October 17, 2003
- The FTC and FCC file a consolidated
opening brief (pdf) with the 10th Circuit Court of Appeals in
their appeals case.
- States file amicus curiae brief on behalf of the FTC.
October 11, 2003
October 9, 2003
- Consumers who had not previously done so can register for
inclusion in the FTC's Do-Not-Call registry at
www.donotcall.gov .
October 8, 2003
- The FCC issues an updated advisory
on the Do-Not-Call registry.
October 7, 2003
- The 10th Circuit Court of Appeals issues a stay
of the U.S. District Court of Colorado's decision,
allowing FTC to proceed with registry while the appeal is pending.
Oral argument for appeal set for November 10th in Tulsa. The 10th
Circuit also consolidated the three cases before the court regarding
the Do-Not-Call Registry, and set an advanced hearing date of November
10, 2003 in Tulsa Oklahoma.
October 3, 2003
- FCC issues
statement on telemarketing complaints.
- FCC Chairman Powell sends a second
letter to the Direct Marketing Association.
October 2, 2003
- The FCC announces
the formation of a "Do-Not-Call Enforcement Team."
- FCC issues
statement on telemarketing complaints.
- Do-Not-Call compliance at 90 percent according
to DMA.
October 1, 2003
- The FCC, FTC suspend registrations to its Do-Not-Call Registry.
— FCC Consumer & Governmental Affairs Bureau Chief K. Dane
Snowden's statement
- FCC Chairman Powell sends a letter
(pdf) to the Direct Marketing Association regarding Do-Not-Call Registry.
September 30, 2003
- The Senate Committee on Commerce, Science and Transportation holds
a hearing on the Do-Not-Call Registry.
— FTC Chairman Muris' statement
— FCC Chairman Powell's testimony
(pdf)
- The FCC issues a consumer
guide (pdf) on telemarketing.
- The FTC files a motion (pdf)
with the 10th Circuit U.S. Court of Appeals.
September 29, 2003
- The FTC files an appeal (pdf) with the 10th Circuit Court of Appeals.
- President Bush signs legislation that ratifies the FTC's authority
to implement a Do-Not-Call Registry.
- FCC Chairman Michael K. Powell issues a statement (pdf) declaring that the commission will enforce its
Do-Not-Call rules beginning October 1st.
- The U.S. District Court Colorado denies (pdf) the FTC's motion for a stay of its decision (pdf) invalidating the Do-Not-Call registry and further
decrees that the Do-Not-Call rules cannot be implemented "indirectly"
through the FCC.
- The Direct Marketing Association urges
its members to abide by the Do-Not-Call rules, despite the court rulings.
September 26, 2003
- The 10th Circuit Court of Appeals denies (pdf)
Mainstream Marketing Services, Inc., TMG Marketing, Inc., and American
Teleservices Association's request for a stay of the FCC Do-Not-Call
rules pending review of merits
- The FTC files an emergency
motion (pdf) to stay the U.S. District Court of Colorado's opinion
while an appeal can be heard.
- FCC Chairman Powell issues a statement
(pdf) that the agency will vigorously defend the Do-Not-Call list
with the FTC.
September 25, 2003
- The U.S. District Court of Oklahoma denies
(pdf) the FTC's motion for a stay of its earlier decision invalidating
the Do-Not-Call registry.
- Congress passes legislation to ratify the FTC's authority to implement
a Do-Not-Call registry.
- Judge Edward W. Nottingham of the U.S. District Court of Colorado
rules
(pdf) that the Do-Not-Call registry is a violation of the First Amendment.
- FCC Chairman Powell issues a statement
(pdf) that joint FCC-FTC enforcement will ensure implementation of
the list on October 1, 2003.
September 24, 2003
- The FTC files an emergency motion for stay pending appeal in the
U.S. District Court of Oklahoma in response to its earlier decision
invalidating the Do-Not-Call registry.
- FCC Chairman Powell issues a statement
(pdf) supporting the Do-Not-Call Registry.
September 23, 2003
- Judge Lee R. West of the U.S. District Court of Oklahoma issues
an order
(pdf) and judgment
(pdf) that the FTC does not have the authority to implement the Do-Not-Call
Registry.
September 17, 2003
- Do-Not-Call registrations exceed
50 million. The FTC releases an updated
chart (pdf) showing state-by-state enrollment statistics.
July 29, 2003
- The FTC issues its final
rule (pdf) concerning Do-Not-Call registry access fees.
July 25, 2003
- Mainstream Marketing Services, Inc., TMG Marketing, Inc., and American
Teleservices Association file a petition
(pdf) requesting a stay of the FCC's Do-Not-Call rules in the U.S.
Court of Appeals for the Tenth Circuit.
July 3, 2003
- The Federal Communications Commission issues new rules
(pdf) mirroring the FTC's Do-Not-Call rules and adding entities subject
to the Do-Not-Call restrictions beyond the reach of the FTC's reach,
including banks, insurance companies, and common carriers.
June 27, 2003
- National Do-Not-Call Registry opens
for enrollment; registrations exceed
10 million within the first day. The Registry will be enforced
starting October 1, 2003.
June 26, 2003
- The Federal Communications Commission announces support
(pdf) for the creation of a Do-Not-Call Registry.
- In response, the American Teleservices Association claims
that the new rules will "cost the jobs of two million American
workers." However, numbers from the most recent U.S. Economic
Census show
that telemarketing companies only employ about 500,000 people.
March 21, 2003
- Stonebridge Life Insurance Company files suit
seeking declatory and injunctive relief against the FTC's Do-Not-Call
rules for insurance companies, arguing that the agency lacks jurisdiction
to regulate the activities of insurance companies.
March 11, 2003
January 29, 2003
- The FTC issues new rules (pdf)
establishing a nationwide Do-Not-Call Registry.
- Mainstream Marketing Services, Inc., TMG Marketing Inc., and American
Teleservices Association file
a complaint in the U.S. District Court for the District of Colorado
seeking to invalidate the Do-Not-Call Registry.
- U.S. Security files a complaint in the U.S. District Court for the
Western District of Oklahoma seeking to invalidate the FTC's Do-Not-Call
Registry.
December 8, 2002
- EPIC and ten leading advocacy groups file comments
with the FCC on the Telephone Consumer Protection Act (TCPA). The
groups advocated the creation of a telemarketing "Do-Not-Call" Registry.
September
18, 2002
- The FCC issues a notice
(pdf) of proposed rulemaking on the Telephone Consumer Protection
Act (TCPA), a federal law that regulates telemarketing and fax advertising.
The notice requests comments on creating a national Do-Not-Call Registry.
June 5-7, 2002
- The FTC holds a workshop
on changes to the Telemarketing Sales Rule.
May 24, 2002
April 10, 2002
- EPIC and thirteen consumer organizations file comments
in support of the Do-Not-Call Registry and other amendments to the
Telemarketing Sales Rule.
January 22, 2002
- The Federal Trade Commission issues a notice
of proposed rule making (pdf) to create a Do-Not-Call Registry
of consumers who do not wish to be telephoned by commercial marketers.
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