Anyone come up with the answer to the no call list? If the National list over rides the State list, why would the States waste our money duplicating the no call list.
Texas says Insurance Agents, and Real Estate Agents do not have to follow the no call list as long as the sale takes place face to face!
Anyone come up with the answer to the no call list? If the National list over rides the State list, why would the States waste our money duplicating the no call list.
Texas says Insurance Agents, and Real Estate Agents do not have to follow the no call list as long as the sale takes place face to face!
That's clearly not what the FCC is saying. The only thing I can imagine is that if a Federal court decides that the FCC does not have constitutional jurisdiction to regulate intrastate calls, then the less restrictive state law would be in effect.
Anyone come up with the answer to the no call list? If the National list over rides the State list, why would the States waste our money duplicating the no call list.
Texas says Insurance Agents, and Real Estate Agents do not have to follow the no call list as long as the sale takes place face to face!
Some states (Indiana being one of them) kept their list separate from the federal list. To call in Indiana you have to check both lists.
But in Indiana, Insurance agents who are calling from within Indiana are exempt from the state do-not-call list as long as they identify themselves as an insurance agent at the very begining of the call.
Since our state list started about a year before the federal list, most people had already signed up and a lot of them didn't sign up for the federal one because they didn't know they needed to.
Who is exempt from complying with the Texas No Call Lists?
The No Call Lists apply to companies that are trying to sell a consumer good or service over the telephone. Companies are still allowed to solicit over the telephone if:
The company has an established business relationship with a customer; or
The telemarketer is a state licensee (for example insurance agents, real estate agents, securities brokers) and:
1. The call is not made by an automated telephone dialing system; and
2. The solicitation requires a face-to-face presentation to complete the sales transaction and make payment; and
3. The consumer has not informed the telemarketer that the consumer does not wish to receive telemarketing calls from the telemarketer.
Also according to the law, telephone solicitors may not block their numbers from Caller ID systems
Kinda cool, they promote instate business. The federal do not call list only applies to calls made interstate, not intrastate. Most states simply say 'ditto' for their in state do not call list, making it pretty universal. Texas apparently still allows you to interupt someones dinner
If someone submits a quote request, on the federal do not call list, you have 90 days to contact them via phone.
Kinda cool, they promote instate business. The federal do not call list only applies to calls made interstate, not intrastate. Most states simply say 'ditto' for their in state do not call list, making it pretty universal. Texas apparently still allows you to interupt someones dinner
If someone submits a quote request, on the federal do not call list, you have 90 days to contact them via phone.
Dan
Are you sure about the federal list being for interstate only? I've never heard or read that. Is there a link to check it out? That's great news if it's definitely correct.
Are you sure about the federal list being for interstate only? I've never heard or read that. Is there a link to check it out? That's great news if it's definitely correct.
I would never intentionally steer you wrong, but don't misunderstand what I said. Most states simply copied the federal rules, and enforce them. You can see more at the official do not call site:
National Do Not Call Registry
The National Do Not Call Registry applies to any plan, program, or campaign to sell goods or services through interstate phone calls. This includes telemarketers who solicit consumers, often on behalf of third party sellers. It also includes sellers who provide, offer to provide, or arrange to provide goods or services to consumers in exchange for payment.
Please notice the word 'interstate', not intrastate. This makes sense, the federal government cannot regulate intrastate commerce.
Which will tell you that the rules are the rules, regardless of the state you live in.
So the people who manage the do not call list federally say it only applies to interstate calls. Probably 98% of the time, it applies to all calls, unless you are a politician, then you give yourself an exemption.
I would never intentionally steer you wrong, but don't misunderstand what I said. Most states simply copied the federal rules, and enforce them. You can see more at the official do not call site:
National Do Not Call Registry
The National Do Not Call Registry applies to any plan, program, or campaign to sell goods or services through interstate phone calls. This includes telemarketers who solicit consumers, often on behalf of third party sellers. It also includes sellers who provide, offer to provide, or arrange to provide goods or services to consumers in exchange for payment.
Please notice the word 'interstate', not intrastate. This makes sense, the federal government cannot regulate intrastate commerce.
Which will tell you that the rules are the rules, regardless of the state you live in.
So the people who manage the do not call list federally say it only applies to interstate calls. Probably 98% of the time, it applies to all calls, unless you are a politician, then you give yourself an exemption.
Dan
Dan,
Now I can see why there is such confusion. The FCC at the site you mention claims jurisdiction over only interstate calls and yet claims it over both interstate and intrastate at another. Look at:
Dan,
Now I can see why there is such confusion. The FCC at the site you mention claims jurisdiction over only interstate calls and yet claims it over both interstate and intrastate at another. Look at:
Actually, if you read close, the FCC defers to the FTC rules about do not call. The FCC does mention that it applies to intrastate calls as well. The states then add a layer on top of this.
It's really not that confusing. If you stick with the federal rules, you'll stay out of trouble. While many think they are a bit cumbersome, they really aren't that bad. Look at it this way, people on the do not call list are your no's. There should be more yes's in the pile afterwards.
Never was a concern to me with cold calling some one on the Do Not Call List. I think if you are courteous and respectful people do not mind you calling them, at least that is my experience. I used to call on thousands of old leads some were as old as 4 years. All I would say is that I am doing a follow up to make sure they were taken care of, and I also would ask them if some one got back to them. This is how I would engage them in to a conversation. If I was completely cold calling I would say something like "I don't want to take any of your time I know you probably busy" As I remember I have not got a single negative response. In fact people appreciate when you being respectful. Thats my 2 cents.
Never was a concern to me with cold calling some one on the Do Not Call List. I think if you are courteous and respectful people do not mind you calling them, at least that is my experience. I used to call on thousands of old leads some were as old as 4 years. All I would say is that I am doing a follow up to make sure they were taken care of, and I also would ask them if some one got back to them. This is how I would engage them in to a conversation. If I was completely cold calling I would say something like "I don't want to take any of your time I know you probably busy" As I remember I have not got a single negative response. In fact people appreciate when you being respectful. Thats my 2 cents.
Be careful with this approach. Most people will simply hang up on you, even if they give you the time of day. All it takes is one though, they report you, and if it's shown you have a track history of ignoring the do not call list (especially if your not registered), you'll receive a nice letter for the fine. The fine is $11000 per call, it adds up quick.
Actually, if you read close, the FCC defers to the FTC rules about do not call. The FCC does mention that it applies to intrastate calls as well. The states then add a layer on top of this.
It's really not that confusing. If you stick with the federal rules, you'll stay out of trouble. While many think they are a bit cumbersome, they really aren't that bad. Look at it this way, people on the do not call list are your no's. There should be more yes's in the pile afterwards.
Dan
You actually have to pay attention to both FED AND state DNC laws. They don't all match. I don't remember the specifics but there were some lawsuits in Indiana about a company that was in compliance with the federal rules but not with the state ones which are much stricter is some areas (I think in the time you have to call someone you have done past business with.)
The state won the lawsuit and fined the company thousands of dollars even though the company was in compliance with the federal rules.
After that several large banks filed suit against the state of Indiana saying they need to be able to call their own existing customers indefinitely. From what I can remember, they also lost.
The state of Indiana has let it be known they are reliant upon the DNC fines they collect and they enforce them. They refuse to merge with the federal program because they would lose this income stream.
Good point. In California, state and federal are one in the same, so I don't have to worry about the differences very much.
It is a shame when states are dependent on fines to make ends meet, and therefore they make the rules more complicated so it's easier to fine companies.
No Call List
Linear Mode
