Do-Not-Call List is Here To Stay

President Bush signed legislation in February that keeps phone numbers on the federal do-not-call list indefinitely and permanently extends the Federal Trade Commission’s authority to collect fees to operate the national Do-Not-Call Registry. Without these new laws, listings were to remain on the Do-Not-Call Registry for only five years, after which the numbers would be removed automatically unless re-registered by consumers (the first listings from 2003 were set to expire later this year). The legislation also lowers the current fees charged to telemarketers who subscribe to the Do-Not-Call Registry and provides for annual fee increases.

The Do-Not-Call Improvement Act of 2007 (H.R. 3541), which passed by voice vote, prohibits the removal of phone numbers from the federal Do-Not-Call registry unless the number is invalid, disconnected or reassigned, or the person assigned to the number requests its removal. The law requires the FTC to check numbers on the registry periodically and to remove those numbers that are abandoned or inaccurate. The legislation also mandates that the FTC report to Congress on its efforts to improve the accuracy of the do-not-call list.

The companion bill, the Do-Not-Call Registry Fee Extension Act of 2007 (S. 781), was approved by unanimous consent, and permanently extends the FTC’s authority to collect fees to operate and enforce the federal Do-Not-Call registry (the FTC’s power to collect do-not-call list subscription fees was set to expire at the end 2007). The new legislation sets fees for telemarketers who subscribe to the registry at lower rates than those currently charged by the FTC.

Telemarketers who subscribe to the registry to periodically update their records of phone numbers added to the do-not-call list will be charged $54 annually for individual area code information or $14,850 for access to every area code in the country (no fee is charged for the first five area codes accessed). The FTC’s subscription fees will increase annually after 2009 in accord with CPI increases, and the FTC is required to report to Congress every two years regarding the status of the do-not-call program.

With more than 145 million listings, the national Do-Not-Call Registry, for good or for bad, is one of the most publicly popular and successful federal programs in recent years. With this latest federal action, the registry appears here to stay.

To learn more about the federal do-not-call list, visit the National Do-Not-Call Registry website at https://telemarketing.donotcall.gov

To learn more about NAIFA’s position on telemarketing issues, visit the Advocacy section of the NAIFA website at www.naifa.org/advocacy

NAIFA Staff Contact: Michael Gerber, Vice President & General Counsel, mgerber@naifa.org or 703-770-8190.