The Do Not Call List (DNC) Rules

[Norwayguy]

Josh -

Technically, the FTC only can govern calls if you call out of state. This is why most states have simply adopted the Federal rules, but state laws should play out for in state calls, not federal laws. So yes, someone in Texas, calling someone in Texas, is subject to Texas laws, not the FTC rules, maybe......

Problem is, its hard to know for sure.

Dan

Yes and No...Intrastate calls covered by FCC

3. What calls are covered?

The do not call provisions of the TSR cover any plan, program or campaign to sell goods or services through interstate phone calls. This includes calls by telemarketers who solicit consumers, often on behalf of third party sellers. It also includes sellers who are paid to provide, offer to provide, or arrange to provide goods or services to consumers.

The National Do Not Call Registry covers intrastate telemarketing calls under the FCC’s rules. You can find information on the FCC’s regulations at www.fcc.gov/cgb/donotcall/.

Q&A For Telemarketers & Sellers About DNC Provisions in TSR | BCP Business Center

 

[Josh]

Josh -

Technically, the FTC only can govern calls if you call out of state. This is why most states have simply adopted the Federal rules, but state laws should play out for in state calls, not federal laws. So yes, someone in Texas, calling someone in Texas, is subject to Texas laws, not the FTC rules, maybe......

Problem is, its hard to know for sure.

Dan

Peter nailed it.

The FCC agrees with the FTC and had uses the FTC guidelines.

 

[zergkiller]

djs

That's what I think. If you work for a large company, they screen against the do not call list and will tell you that, even though your calls are local. Their business is National, and rather than get down to the nitty gritty, they just follow the national law.

 

[Josh]

djs

That's what I think. If you work for a large company, they screen against the do not call list and will tell you that, even though your calls are local. Their business is National, and rather than get down to the nitty gritty, they just follow the national law.

You're looking for something that isn't there. If you read the next line from the portion you quoted it sheds more light (as Peter pointed out):

3. What calls are covered?

The do not call provisions of the TSR cover any plan, program or campaign to sell goods or services through interstate phone calls. This includes calls by telemarketers who solicit consumers, often on behalf of third party sellers. It also includes sellers who are paid to provide, offer to provide, or arrange to provide goods or services to consumers.

The National Do Not Call Registry covers intrastate telemarketing calls under the FCC’s rules. You can find information on the FCC’s regulations at www.fcc.gov/cgb/donotcall/.

Interstate calls covered by the FTC, the FCC regulates intrastate telemarketing. If you follow the link to the FCC site you'll find this:

Do Not Call List

Has your evening or weekend been disrupted by a call from a telemarketer? If so, you’re not alone. The Federal Communications Commission (FCC) has been receiving complaints in increasing numbers from consumers throughout the nation about unwanted and uninvited calls to their homes from telemarketers.

Pursuant to its authority under the Telephone Consumer Protection Act (TCPA), the FCC established, together with the Federal Trade Commission (FTC), a national Do-Not-Call Registry. The registry is nationwide in scope, applies to all telemarketers (with the exception of certain non-profit organizations), and covers both interstate and intrastate telemarketing calls. Commercial telemarketers are not allowed to call you if your number is on the registry, subject to certain exceptions. As a result, consumers can, if they choose, reduce the number of unwanted phone calls to their homes.

So the FCC is onboard with the FTC DNC registry. To put it another way, the FTC has the DNC for interstate communications and the FCC says that in it's management of the intrastate calls it has joined with the FTC in using a single database for everyone. The end result is that whether you are making interstate or intrastate calls the respective organizations have told you that if someone is on the federal DNC list you can't call them.

 

[zergkiller]

Josh.

I'm having trouble reading the posts in the correct order, and missed the on with the sentence below. But this sentence does say "intrastate".

"The National Do Not Call Registry covers intrastate telemarketing..." So what we have here is a nice nest of snakes involving states rights and so on.

 

[Josh]

Josh.

I'm having trouble reading the posts in the correct order, and missed the on with the sentence below. But this sentence does say "intrastate".

"The National Do Not Call Registry covers intrastate telemarketing..." So what we have here is a nice nest of snakes involving states rights and so on.

The simple answer, which you don't appear to care for, is that regardless of what your state things, the federal DNC law is applicable in every state

The more involved answer is that both intrastate and interstate laws are subject to the federal DNC law by way of the FCC and FTC respectively.

States' rights are irrelevant to the discussion at hand, at least if your goal is to find out what is legal and what isn't. The states can add to what the FCC and FTC have established as law, but they can't take away from it. However we got here, we're here.

Are you really not getting it and do you really want this explained to you or are we dealing with rhetoric here?

If you want the answer, here's the summary:

FTC has jurisdiction over interstate telemarketing and have established the Federal DNC registry. The FCC has jurisdiction over intrastate telemarketing and have joined with the FTC on the Federal DNC registry. That means that whether you're calling interstate or intrastate a federal organization has established that you must adhere to the DNC guidelines as established by the FTC.

If you want sources, go back and read through it again, but that's the law.

 

[zergkiller]

"FTC has jurisdiction over interstate telemarketing and have established the Federal DNC registry. The FCC has jurisdiction over intrastate telemarketing and have joined with the FTC on the Federal DNC registry. That means that whether you're calling interstate or intrastate a federal organization has established that you must adhere to the DNC guidelines as established by the FTC."

Yes, I understand. It was the sources I lacked. And you have done a good job explaining your reasoning. Thank you. I'll copy your comments and keep them in a file if anyone asks me. I hope you will understand that I don't believe someone based on just their say-so. As far as my "liking" the law or not, I like the Texas version better. But as you say, it's not my opinion that counts.

 

[Norwayguy]

As far as my "liking" the law or not, I like the Texas version better. But as you say, it's not my opinion that counts.

Your not the only one. Almost every state that has their own DNC they make provisions for business to be done sometimes with exemptions based on distance to consumer or for appointment setting or based on profession.

The only exemptions on the federal law are for Political purposes and non-profits, please tell me their calls are not as annoying as any other....obviously Politicians don't want to hinder themselves.

This is another good time to call senators and congressmen about the political exemptions placed into laws. If a law if good for me it should be good enough for them as well.

 

[zergkiller]

Norwayguy

There is a big difference between my calling a number blindly and a roofer. We both have licenses, but everyone needs to hear from someone who has their financial interest in mind. A roofer would call an apartment building. So would a pest control company. In the egalitarian world view, there are no privileges except for the inner committee.

 

[Josh]

Norwayguy

There is a big difference between my calling a number blindly and a roofer. We both have licenses, but everyone needs to hear from someone who has their financial interest in mind. A roofer would call an apartment building. So would a pest control company. In the egalitarian world view, there are no privileges except for the inner committee.

Not if they bought a targeted marketing list.