Frequently Asked Questions

Every company engaged in outbound telephone solicitation must maintain an internal Do Not Call (DNC) list. Requests to have a phone number placed on an internal Do Not Call list should be honored immediately and must remain on the list indefinitely, or until the consumer chooses to opt back in. Some states have no limit on how long you must honor an opt-out.

The main provisions of the Telephone Consumer Protection Act (TCPA) are as follows:

Calling Time Restrictions
Companies can contact residential consumers only between 8:00 AM and 9:00 PM (recipient’s time zone).

Automatic Telephone Dialing Systems (ATDS)
The TCPA restricts autodialed marketing calls and texts to cell phones and other devices where the recipient might be charged for the call without written consent, and non-marketing autodialed calls without prior express consent.

Robocalls
The TCPA does not allow the use of an artificial or prerecorded voice to be used to call a residential landline or wireless number for marketing purposes without prior express written consent.

Identification Requirements
Among other things, the TCPA requires the caller to provide their name, the name of the company on whose behalf they are calling, and a telephone number or address which can be used to contact them again.

National Do Not Call (DNC) Registry
Telemarketers are required to suppress phone numbers on the National Do Not Call Registry. Remember that some states have their own local DNC lists as well, separate from the federal list.

Internal Do Not Call List
Companies are required to maintain an internal DNC list of consumers who asked not to be called or texted.

The Do Not Call (DNC) provisions of the Telemarketing Sales Rule (TSR) are as follows:

Internal Do Not Call List Requirements
The internal DNC list refers to the Entity-Specific Do Not Call Provision. This provision mandates that telemarketers keep and maintain their own do not call list, specific to their organization. When a consumer asks to be put on your do not call list, you should honor that request immediately.

National Do Not Call Registry Requirements
The DNC list is comprised of both landline and wireless numbers and has been open to telemarketers since September 2003. All telemarketers are required to check their lists against the National Do Not Call Registry at least every 31 days.

Misuse of the Do Not Call List
Neither the National Do Not Call Registry nor any internal Do Not Call list may be used for any purpose other than compliance with the TSR’s Do Not Call provisions. This includes attempting to “share” the cost of accessing the national Do Not Call data. All organizations must have their own individual subscription.

Interfering with Someone’s Do Not Call Rights
When a consumer asks to be placed on your internal do not call list, you should accept this request and honor it immediately. Hanging up, refusing to honor or demanding the consumer listens to a sales pitch all constitute violations of this provision. Any organization caught violating this rule will lose any benefit from the TSR’s safe harbor from erroneous violations and may be subject to civil penalties.