Telemarketing Campaigns and the "Do Not Call" List

<p>The Do Not Call Registry is a resource designed with the goal of enabling American consumers to place limits on the amount of telemarketing calls they receive. After a lengthy legal battle, the list went into effect in 2004. It allows consumers to register by calling a toll-free telephone number. While the registry is effective in reducing telemarketing calls to uninterested consumers, it does not actually offer comprehensive coverage for all situations. There are several legal exceptions and loopholes to the Do Not Call Registry, as well as constant legal challenges to the fairness of the act. <p> History <p> In 2003, the Federal Trade Commission passed legislation intended to create the Do Not Call Registry. Beginning in June of 2003, consumers were able to add their phone numbers to the registry which was then implemented in 2004. However, the initial rules of the registry allowed telemarketers a period of 90 days (later shortened to 31 days) to cease calls to the phone numbers on the list. <p> Before the registry became official, the legislation was delayed by two prominent challenges. A Colorado district court decision hinged on free speech in trade, and delayed the process until it was overturned by special legislation from President Bush. An Oklahoma district court decision also hindered the act but was overturned when special legislation granted the FTC specific control over the matter. <p> In 2004, the U.S. Court of Appeals heard arguments against the registry and decided to uphold the constitutionality of the Do Not Call List, allowing the registry to become law. <p> When the registry was first created, phone numbers were to remain on the list for a five-year period. However, in 2007 the Do Not Call Improvement Act was passed, allowing numbers to remain on the list permanently. <p> The Numbers <p> While home numbers can be added to the registry, there is no need to add cell phone numbers. The FCC has long prohibited telemarketers from calling cell phones, making it illegal to mass-call cellular phones with an automatic dialer. The FTC has always backed this stance, and firmly prohibits telemarketing calls to cell phones. In addition, the FCC and FTC have long prohibited the sending of unsolicited faxes for any reason, making it unnecessary to add fax numbers to the registry. <p> However, business lines are not covered by the Do Not Call List, and can still be legally contacted by telemarketers. This is only one of several exceptions that allow some forms of telemarketing to continue unabated. <p> Legal Exceptions <p> - As mentioned above, business lines cannot be added to the list. <p> - Charities are still free to call individuals on the Do Not Call List. <p> - Political organizations are also not covered by the registry. However, there is currently a push to create a national political Do Not Call List. <p> - Informational survey calls can still be made to registered consumers. <p> - If a business has an existing relationship with a consumer (for instance, if the consumer has made purchases from the company) the business may continue to contact the consumer for up to 18 months from the date of their last transaction. However, if the consumer specifically asks the company to stop calling, the company must comply. <p> - If an individual has submitted an inquiry or application to a company, the company is allowed to contact the individual for up to three months from the date of the last interaction. Again, this is only if the individual does not specifically ask the company to stop. <p> - Debt collectors are still allowed to call those registered on the Do Not Call List within "reasonable hours." <p> Exploited Loopholes <p> Some companies take advantage of the existing legal exceptions to create their own loopholes for the Do Not Call List. For example, an individual might receive an informational survey call that ends with a request to make a follow-up call in the near future. While the first call is for a non-profit survey, the second call from the company will inevitably involve marketing of a for-profit business. These companies skirt the law by using the legally protected survey to gain permission for their follow up call, thus exempting themselves from the rules on a technicality. <p> However, in recent years there has been an increased awareness of this type of maneuvering. Legislation is currently being drafted to close loopholes of this type. <p> Pro-Telemarketing Consumers? <p> The implementation of the Do Not Call List might present a problem for some consumers. While many individuals may resent being contacted at home by telemarketers, many consumers may find telemarketing to be a useful service. <p> Those consumers who are open to telemarketing won't want to add their number to the National Do Not Call List; if they do, they will stop receiving calls completely. However, they may still be annoyed by the frequency of calls from companies that hold no interest for them. <p> In this situation, you can tell an unwanted telemarketer to add you to their company's "do not call" list. This way you can easily weed out unwelcome calls while remaining open to the businesses you would like to hear from.PinnacleLists.com delivers excellent results from your target marketing efforts by providing you with the best quality business email list and <a href="http://www.pinnaclelists.com/">direct mailing lists</a> available. Visit online and take a look at our 3-Step Process for a more detailed understanding of the steps in our List Consulting Process. <p> <p></p>