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| Back To List | FAQ(s) found under General Info | Showing 3 Of 3 | Prev |
| FTC Do Not Call Update 2006-01-26 |
| Background What Is It? The National Do Not Call Registry is a list of phone numbers from consumers who have indicated their preference to limit the telemarketing calls they receive. The FTC, the nation’s consumer protection agency, manages the registry. It will be enforced by the FTC, the FCC, and state officials. As of September 15, 2003, the registry contained almost 48MM telephone numbers. The FTC released the first version to direct marketers, service providers, and telemarketers on September 2, 2003. Enforcement of this legislation will begin on October 1, 2003 for all telephone numbers registered before August 31, 2003. Any numbers registered after that date will be subject to law enforcement 90 days thereafter. 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. What Businesses Are Exempt From This New Law? The Do Not Call provisions do not cover calls from political organizations, charities or , telephone surveyors, or companies. If a Call Includes a Telephone Survey and a Sales Pitch, Is It Covered? Yes. Callers purporting to take a survey, but who then offer goods or services for sale, must comply with the do not call provisions. But if the call is for the sole purpose of conducting a survey, it is exempt. How Does The Established Business Rela- tionship Provision Work For A Consumer Whose Number Is On The Registry? For a consumer whose number is on the registry: A company with which a consumer has an established business relationship may call for up to 18 months after the consumer’s last purchase or last delivery, or last payment, unless the consumer asks the company not to call again. In that case, the company must honor the request not to call. If the company calls again, it may be subject to a fine of up to $11,000. If a consumer makes an inquiry or submits an application to a company, the company can call for three months. Once again, if the consumer makes a specific request to that company not to call, the company may not call, even if it has an established business relationship with the consumer. A consumer whose number is not on the national registry can still prohibit individual telemarketers from calling by asking to be put on the company’s own do not call list. Who Can Get The List? · Direct Marketers – Anyone selling a product via telephone must register with the FTC and obtain the list. · Telemarketers – Organizations that make calls on behalf of sellers may register with the FTC to obtain the list on behalf of each individual seller. · Service Providers – Organizations such as infoUSA that sell data to sellers or telemarketers may register with the FTC to obtain the list for the purpose of selling “scrubbed” data or for processing a customer’s data. As a DMA Member, Must I Still Comply With Using The TPS List? Yes. Consumers that have signed up for the TPS have done so with the expectation of remaining on the list for five years. The DMA will honor this promise. The DMA will be reviewing the whole TPS system over the coming months. Donnelley Marketing’s DNC Customer Service What is Donnelley Marketing Doing to Ensure My Compliance? The FTC requires that Donnelley Marketing use the FTC Do Not Call file for client file processing only when the client can demonstrate that they have purchased a license to have access to the file. Any file or extract of a file containing phones, to be processed against the DNC registry, can only be delivered to a client who has a Subscription Account Number (SAN). Therefore, Donnelley is updating its OnePass data processing system (Donnelley’s proprietary address hygiene, suppression file, data enhancement engine) to capture the (SAN), as an order level mandatory parameter for any client order requiring either telephone appending or FTC suppression. How Will My Client Services Rep Facilitate My Processing? Your Client Services team will request your SAN number prior to beginning your file processing. To expedite this process, ensure that the SAN number has six digits following the hyphen. Donnelley Marketing’s Database Operations group is establishing an FTC Compliance Group which will be responsible for checking the FTC website for the area code and registration date information that corresponds to the SAN provided by Client Services. This information will be entered into an internal database tracking system. OnePass/ Navigator will reference an extract of this internal database so that the DP applications can take the appropriate processing actions. If during your file processing any non-licensed area codes are encountered they will not be suppressed. Since you had not ascertained the prerequisite license for that particular footprint, the OnePass system will create an audit of this condition. Your Client Services team will advise you on the best course of action that should be taken. Your Donnelley Account Executive and Client Services rep will work closely together to make sure that all FTC DNC requirementsare satisfied in order to process correctly your file correctly. DX/LCSF Order Processing Each customer’s unique client number will dictate Donnelley Express (DX) processing. All DX/LCSF processing for a given client will be handled in one of two ways: either suppress all of the FTC Do Not Call phones if the SAN is provided, or output all of the phone numbers including do not call phones (no indication provided as to which records are on the DNC list). The LCSF batch selection system will be modified so that this option can be controlled at a run/order level. All DX orders are stopped prior to shipping or transmitting the final outputs to the client. At this point the Donnelley Express Control team will verify that the job processed according to the requirements of the FTC legislation. Questions to be Answered: For each of the following applications: -Donnelley file(s) list rental -Donnelley file installs -Third party file processing -My own customer file(s) What will Donnelley charge me? What is the turnaround time? How often do you suggest I use this service? Do I Still Need To Use Privacy Protector? If Yes, Why? What are the fees due to the FTCIs The Cost? · The first five area codes are free. · Each area code in excess of five is $25. · Cost for all area codes in the U.S. is $7,375. How Frequently Is It Updated? · Anyone obtaining the list must obtain an update at least once every 90 days. · The FTC will actually update the list at 8:00AM every day. · infoUSA will apply the most up-to-date FTC list available to each Monthly Database cycle. · infoUSA will download the FTC list once per week for Client Services use. Sources: http://www.ftc.gov/bcp/conline/pubs/alerts/dncbizalrt.pdf http://www.the-dma.org. |
| Related FAQs In This Category |
| • FTC Do Not Call Update |
| • Unsolicited Broadcast Faxing Laws |
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