The Do Not Call List (DNC) Rules

[Josh]

Josh

Yes, it does clarify the question. I've found that in some states, they have passed a law that simply gives the authority to the National DNC list. I don't think that's truer in Texas though. I am going to try to call the Attorney General about this and will post back the results if I can.

The Texas DNC is quite clear about the exceptions though. It seems at the moment that it's worth the research. My impression is that Texas law allows in-state calls from licensed reps. But calls originating outside the state would be illegal due to the National Do Not Call Registry.

Call anyone you'd like, but the FTC can't be trumped by Texas. Make all the calls you like and you likely won't be caught anyway, but the FTC doesn't care what Texas thinks and the courts won't either. The state can only given their own DNC list, not override the federal one.

 

[GreenSky]

Fortunately, CA doesn't have this exemption. I'm not sure how State law could trump existing federal law, but it does read like they are trying to.

The fact is, state law should trump the feds when the feds don't have the Constitutional authority for such laws.

The sad fact is the feds have pretty much taken over everything.

Rick

 

[Norwayguy]

The FTC regulates the DNC, so if someone is on the federal DNC list, that's going to trump everything.

In addition, *some* states have their own DNC list. Why they don't just take that info and dump it into the federal DNC is something I wonder about, but why not make the whole situation more convoluted.

To answer your question, if someone is on the federal DNC, regardless of the laws in your state, it's still illegal to call them. Many folks will do it anyway, but that doesn't change the fact that you are still clearly violating the law. Now, if someone is on the state DNC list only and *not* on the federal DNC list, then you would be in the clear, but the state DNC laws do not supersede the FTC.

Does that help?

The reason they don't dump the names into the federal list is they beleive their list allowing certain individuals exemption from their DNC is seperate and different than the feds list and the consumers who signed up for the state list understood those differences.

 

[zergkiller]

arnguy; Josh; GreenSky
Who trumps who? That is the question. And who is going to enforce the relationship? Besides all that, there are some foggy ethics here. I’m on both lists, and still get recorded calls from concrete contractors. And, I have also gone to the trouble of turning some of them in.

I’m not too sure what I’d do even if I found out that I had the License to Kall. Why make people angry? All I really know at this point is that I want the decision making power.

At the moment, I thimk that if someone turned me in, the complaint would die on the vine. But I was just wondering if anyone really knew.

 

[Josh]

arnguy; Josh; GreenSky
Who trumps who? That is the question. And who is going to enforce the relationship? Besides all that, there are some foggy ethics here. I’m on both lists, and still get recorded calls from concrete contractors. And, I have also gone to the trouble of turning some of them in.

I’m not too sure what I’d do even if I found out that I had the License to Kall. Why make people angry? All I really know at this point is that I want the decision making power.

At the moment, I thimk that if someone turned me in, the complaint would die on the vine. But I was just wondering if anyone really knew.

I do know and I told you. What you read was only relevant to the state list. You are still very much subject to the federal DNC list. If they file a complaint the FTC will very much have jurisdiction and can fine you up to $16,000 per call.

 

[zergkiller]

Josh.

I think that Virginia is one of the states that merged its laws with the Federal Laws. Here is a reference that once again shows that in TExas, if you are licensed, you may call.

Your state has the comment "Not Applicable". But there are many states who will allow sales calls if the sale involves a "face to face" sale.

DNC EXEMPTIONS - List of Exemptions to the State and Federal Do Not Call Laws

Here is the Virginia Attorney General's site, and it simply tells the consumer to enter their number in the National Do Not Call Registry.

http://www.oag.state.va.us/Consumer Protection/Consumer_Telemarketing_Phones.html

 

[Josh]

Josh.

I think that Virginia is one of the states that merged its laws with the Federal Laws. Here is a reference that once again shows that in TExas, if you are licensed, you may call.

Your state has the comment "Not Applicable". But there are many states who will allow sales calls if the sale involves a "face to face" sale.

DNC EXEMPTIONS - List of Exemptions to the State and Federal Do Not Call Laws

Let me attempt to be more clear:

According to the FTC (which is the governing organization over this) these are the rules National Do Not Call Registry*. That's the federal level. In addition to that, there are state restrictions, but those state restrictions *do not* trump the federal DNC. If they're on the federal DNC then there is nothing a state can do to remove that consumer "protection".

Some states have their own DNC lists and can manage those with or without any restrictions or make telemarketing altogether illegal (med supps in Ohio for example), but none of that changes the federal law.

For more info you can check this out: Q&A For Telemarketers & Sellers About DNC Provisions in TSR | BCP Business Center .


By all means, go ahead and do it. I get the impression that you don't like the answer you're getting or that you simply don't believe me, but that doesn't change the fact that the states can't tell the FTC that the DNC laws don't apply to their state. For example, there is a federal minimum wage law. Each state can enhance that if they'd like, but none can invalidate it altogether. The DNC regulations are the same.

The sources I've provided you are the actual government websites for the organization that regulates this. If you look at your source, it appears that nearly every link on that site is broken and they provide no source material for what document(s) they're referencing.
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Here is the Virginia Attorney General's site, and it simply tells the consumer to enter their number in the National Do Not Call Registry.

Consumer - Telemarketing and Phone

Yet another reason I love my state. Why bother trying to create a separate system when a perfectly good system already exists. Why waste the tax dollars of VA to solve a problem that doesn't exist.

 

[zergkiller]

Josh. From the reference you gave to me.

Coverage Under the TSR

3. What calls are covered?
The do not call provisions of the TSR cover any plan, program or campaign to sell goods or services through interstate phone calls. This includes calls by telemarketers who solicit consumers, often on behalf of third party sellers. It also includes sellers who are paid to provide, offer to provide, or arrange to provide goods or services to consumers."

 

[Norwayguy]

Josh. From the reference you gave to me.

Coverage Under the TSR

3. What calls are covered?
The do not call provisions of the TSR cover any plan, program or campaign to sell goods or services through interstate phone calls. This includes calls by telemarketers who solicit consumers, often on behalf of third party sellers. It also includes sellers who are paid to provide, offer to provide, or arrange to provide goods or services to consumers."

Why bother asking if you just plan to ignore the answers you receive? The Federal DNC law trumps any state law. Having said that what are the chances of you being caught and actually fined is probably small but at $16,000 per occurance is a pretty steep penalty.

There are still plenty of ways to market that do not put you in violation. First Business to Business calls are not covered by the DNC. So if you call a phone number that is listed as a business number your safe. If you call a number within 90 days or recieving a lead your safe.
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arnguy; Josh; GreenSky
Who trumps who? That is the question. And who is going to enforce the relationship? Besides all that, there are some foggy ethics here. I’m on both lists, and still get recorded calls from concrete contractors. And, I have also gone to the trouble of turning some of them in.

I find it ironic the people who want to call people on the DNC who have listed themselves on the list. I am not listed on the DNC and have fun with the telemarketing calls I do recieve. My only complaint about the DNC is the exemptions for non-profits and political calls especially as we head into this Presidential election cycle I will be annoyed multiple times per day by political calls. I hang up immediatly on the automated calls but when I get a live human calling for political purposes I stop their presentation and give them how I feel about the political exemption...If its a political survey I waste their time...They may ask me a question with say Romney or Obama as an answer and I will give them snowcone.

 

[djs]

Josh -

Technically, the FTC only can govern calls if you call out of state. This is why most states have simply adopted the Federal rules, but state laws should play out for in state calls, not federal laws. So yes, someone in Texas, calling someone in Texas, is subject to Texas laws, not the FTC rules, maybe......

Problem is, its hard to know for sure.

Dan