Official Status of the National Do Not Call List Registry

Since a U.S. District Court in Colorado has ruled that enforcement of the anti-telemarketing National Do Not Call List Registry violates telemarketers’ First Amendment right of free speech, what is the official status of the do not call registry? Can you still sign up? Can telemarketers keep on calling you? Here are the answers from the Federal Trade Commission.

Consumers should know:

* The FTC will appeal the decision of the federal court in Denver and expects ultimately to implement the National Do Not Call Registry.

* You can still put your number on the national registry, but for now, telemarketers are not required to comply with it.

* You can limit telemarketing calls by asking a company to put you on its own do not call list. The FTC and its state partners will enforce this provision.

What did the federal court in Denver decide?

* On September 25, 2003, the U.S. District Court in Denver ruled that the National Do Not Call Registry provisions of the TSR violate the First Amendment, and prohibited the FTC from implementing the registry. The decision can be found at http://www.co.uscourts.gov/opinions/ewn_030184.pdf

What's the FTC going to do now?

* The FTC will appeal this decision to the 10th Circuit Court of Appeals and expects ultimately to implement the national registry. In the meantime, consumers can still put their numbers on the registry, but telemarketers will not be required to comply with it.

How can consumers limit telemarketing calls?

* Consumers who don't want to receive telemarketing calls can limit them by telling companies to put their number on the company's do not call list. Write down the name of the company and the date that you asked to be put on its do not call list. You should not receive further calls from that company. This provision of the Telemarketing Sales Rule is still in force (as are all non-do-call provisions of the Rule). The FTC and its state partners are committed to enforcing the company-specific provisions of the Rule.

* The company-specific do not call rules apply to all telemarketing calls, including calls from companies with which you have done business and telemarketing calls on behalf of charities.

[Source: Federal Trade Commission]

How to Sign Up for the Do Not Call Registry