September 21, 2023

Epic Law

The Law Folks

Telemarketing No Call List

The telemarketing no call list is something that you most
definitely need to be familiar with and aware of if you engage in
telemarketing as part of your marketing and sales program, if you
outsource telemarketing duties, or if you provide telemarketing
services for other companies.

Historically, telemarketing has been deemed as an annoyance by
many due to unscrupulous practices of telemarketers who solicit
business through telemarketing, making unwanted calls, sometimes
at unreasonable hours, and basically being a nuisance to the
people they call.

In addition to the standard annoyances, the telemarketing
industry has also developed a bad reputation due to deceptive and
fraudulent practices of some telemarketers.

The federal government has taken some initiatives to prevent
telemarketing fraud, to improve telemarketing practices, and
ultimately to eliminate unnecessary aggravation to consumers.

The telemarketing no call list (also called the “National Do Not
Call Registry”), established in a joint effort between the
Federal Communications Commission (FCC) and the Federal Trade
Commission (FTC) is central to federal efforts to regulate the
telemarketing industry.

The main laws that apply to telemarketing practices are the
Telephone Consumer Protection Act (TCPA) and the Telemarketing
and Consumer Fraud Abuse Prevention Act (TCFAPA) enforced by the
FCC and the FTC respectively.

If you engage in telemarketing in any form or fashion, you should
familiarize yourself with these two Acts and the regulations
associated with them.

To learn more about the telemarketing laws and regulations visit
the following websites:

Federal Communications Commission:

Federal Trade Commission:

Some states have rules and regulations regarding telemarketing
and they may have their own telemarketing no call list.

In regard to telemarketing laws and rules, the federal laws
supersede state and local laws meaning that if the federal laws
are stricter than the state or local laws, the provisions of the
federal laws are applicable.

The main website for the National Do Not Call Registry where
telemarketers are supposed to register and obtain access to the
telemarketing no call list can be found at the following website:

National Do Not Call Registry

Telemarketers are supposed to subscribe to the National Do Not
Call Registry and are supposed to check the telemarketing no call
list at least once every thirty-one days for the purpose of
updating their call lists and removing phone numbers for
consumers who have requested to have their numbers listed as
numbers that telemarketers are not allowed to call.

Paying attention to the federal laws, regulations and rules
regarding telemarketing and addressing them appropriately is the
first step to devising an effective (and legal) telemarketing

If you are calling numbers that are listed in the Do Not Call
Registry you are wasting your time and you are likely to get
reported to one or both of the federal agencies that enforce
telemarketing laws.

It is in your best interest -monetarily, ethically and
professionally – to comply with the laws governing the
telemarketing industry.

In addition to the federal laws and regulations that apply to
everyone in the United States, be sure to check into your local
and state rules regarding telemarketing as well.

If they are more restrictive than the federal laws, make sure
that you comply with their provisions as well.

If you are providing telemarketing services as an outsource
provider, your compliance with local, state and federal
telemarketing rules can actually serve as a competitive advantage
setting you apart from other providers who engage in unethical,
unprofessional or illegal telemarketing practices.

If your company outsources telemarketing services, be sure to
check into your provider’s business and compliance practices.

If you run an in-house telemarketing program, educate yourself
about the laws, rules and regulations that are applicable to your
company and abide by them. Compliance is a winning proposition
when it comes to telemarketing.