Do Not Call List (National Do Not Call Registry)

Where the registry comes from

• FTC authority. "The Federal Trade Commission is authorized under section 6102(a)(3)(A) of this title to implement and enforce a national do-not-call registry." The same section ratifies "The do-not-call registry provision of the Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii)), which was promulgated by the Federal Trade Commission, effective March 31, 2003." (15 U.S.C. 6151)

• TCPA. FCC regulations under 47 U.S.C. 227(c) "may require the establishment and operation of a single national database to compile a list of telephone numbers of residential subscribers who object to receiving telephone solicitations." (47 U.S.C. 227(c)(3))

The FTC rule, in its words

• The registry provision. The Telemarketing Sales Rule lists as an abusive practice initiating an outbound telephone call to a person when "That person's telephone number is on the 'do-not-call' registry, maintained by the Commission, of persons who do not wish to receive outbound telephone calls to induce the purchase of goods or services." (16 CFR 310.4(b)(1)(iii)(B))

• Two listed exceptions. The seller "has obtained the express agreement, in writing, of such person to place calls to that person," or "has an established business relationship with such person, and that person has not stated that he or she does not wish to receive outbound telephone calls." (16 CFR 310.4(b)(1)(iii)(B)(1) and (2))

• Definitions. "Outbound telephone call means a telephone call initiated by a telemarketer to induce the purchase of goods or services or to solicit a charitable contribution." "Telemarketing means a plan, program, or campaign which is conducted to induce the purchase of goods or services or a charitable contribution, by use of one or more telephones and which involves more than one interstate telephone call." (16 CFR 310.2)

The FCC rule, in its words

• The registry provision. "No person or entity shall initiate any telephone solicitation to... A residential telephone subscriber who has registered his or her telephone number on the national do-not-call registry of persons who do not wish to receive telephone solicitations that is maintained by the Federal Government. Such do-not-call registrations must be honored indefinitely, or until the registration is cancelled by the consumer or the telephone number is removed by the database administrator." (47 CFR 64.1200(c)(2))

• Telephone solicitation. "The term telephone solicitation means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message: (i) To any person with that person's prior express invitation or permission; (ii) To any person with whom the caller has an established business relationship; or (iii) By or on behalf of a tax-exempt nonprofit organization." (47 CFR 64.1200(f)(15))

• Wireless numbers and texts. "The rules set forth in paragraph (c) and (d) of this section are applicable to any person or entity making telephone solicitations or telemarketing calls or text messages to wireless telephone numbers to the extent described in the Commission's Report and Order, CG Docket No. 02-278, FCC 03-153." (47 CFR 64.1200(e))

How often the registry is checked

• FTC safe harbor. Among the practices in 16 CFR 310.4(b)(3), the seller or telemarketer "uses a process to prevent telemarketing to any telephone number on any list established pursuant to 310.4(b)(3)(iii) or 310.4(b)(1)(iii)(B), employing a version of the 'do-not-call' registry obtained from the Commission no more than thirty-one (31) days prior to the date any call is made, and maintains records documenting this process." (16 CFR 310.4(b)(3)(iv))

• FCC safe harbor. "It uses a process to prevent telephone solicitations to any telephone number on any list established pursuant to the do-not-call rules, employing a version of the national do-not-call registry obtained from the administrator of the registry no more than 31 days prior to the date any call is made, and maintains records documenting this process." (47 CFR 64.1200(c)(2)(i)(D))