A Guide to Who Is Exempt from the Do Not Call Registry 

Over the last several years, we’ve become increasingly inundated with spam texts and robocalls from spammers, scammers and telemarketers alike. One of the main ways consumers can combat the rising tide of spam calls is by placing their number on the National Do Not Call Registry.

What Is The Purpose of the National Do Not Call List?

The Do Not Call Registry, created by the Federal Trade Commission (FTC), was designed to allow consumers to opt-out of telemarketing calls. Companies have access to the National Do Not Call list to know who the business cannot legally contact. The registry now includes more than 221 million phone numbers.

Having your number on the Do Not Call list will not necessarily stop all unwanted phone calls. Indeed, the FTC does not block calls. Businesses can ignore the Do Not Call Registry and call consumers anyway, however it is illegal. Generally, legitimate companies don’t want to do this and adhere to the registry’s guidelines. Scammers, however, often ignore the registry and call anyway.

The Do Not Call Registry also allows consumers, including those who are already on the list, to report unwanted calls and robocalls. Make sure to note the number displayed on your caller ID and report this as well. While many scammers use fake caller ID information, having the number that appears to have called you is a place to start.

How Do I Sign Up For The National Do Not Call Registry?

Consumers who want to sign up for the national Do Not Call Registry can go to the registry’s website. In order to register, consumers have a couple of options.

For the first option, call 1-888-382-1222 from the phone number that you want to register. For the second option, you will need to provide the registry with your phone number and an email address. Within 72 hours of registering your number, you will receive an email with a link you must follow in order to complete your registration.

You can check to see if and when your phone number was registered on the Do Not Call Registry’s website. Similar to the process for registering online, you will need a phone number and email address to check your registration. A verification email will reportedly be sent within a few minutes.

After you complete the registration, companies have 30 days to comply with your request. If robocalls or telemarketing calls continue after this period, consumers may not know what to do. Although these calls could be the result of TCPA violations, the calls could also be placed for organizations or companies that are exempt from these regulations.

Who Is Exempt From The Do Not Call Registry?

Not all calls from companies or organizations are illegal under the FTC guidelines, even if your number is on the Do Not Call list.

For instance, the following calls are allowed:

• Political calls
• Charitable calls
• Debt collection calls
• Purely informational calls
• Surveys

Notably, even though these kinds of calls are exempt from the registry’s rules, they still cannot legally include any sort of sales pitch.

While charitable calls are allowed by the FTC, telemarketers calling on behalf of charities are prohibited under the Do Not Call rules.

Any company with whom you have done business (or sought to do business) in the past 18 months can also legally call you. After the 18 months are up, however, they are no longer allowed to do so.

If you do find that you are getting unwanted calls from a company with whom you previously did business, or if your number is on the Do Not Call Registry, you do still have options. 

Many businesses subtly including a consent to contact form in business information, so if you made a purchase, signed a contract, or otherwise filled out paperwork in a business transaction, you may have accidentally given your consent to be contacted.

Additionally, businesses can use oral consent to be permitted to send messages, so you may have said “yes” to receive messages or calls that you did not want. 

Some businesses may be even more surreptitious in how they gain consent, by automatically opting consumers into a messaging program, or by requiring consumers to sign up for messaging to complete a transaction.

If you have found yourself in a similar situation, you can “opt-out” of messages and request that a company stops contacting you in the future, explains Norton. Legally, a company must honor your withdrawal of consent and stop contacting you.

Like many consumers, you may still be receiving telemarketing calls, faxes, and texts from a business that should not be calling you after you opted out. If this is the case, you may have run into a business willing to violate the law in an effort to make a sale. Many consumers may not have the time or knowledge to take action against such a company, so businesses may try to take advantage of this inaction for financial gain. 

Filing a TCPA Lawsuit

If you received telemarketing calls or texts from non-exempt businesses or organizations, you may have a few options: filing a complaint with the FTC and consulting with a qualified legal procession to see if you can file a lawsuit against the offending company.

The FTC receives hundreds of thousands of complaints about robocalls every month. While the commission cannot respond to each individual Do Not Call complaint, reporting these issues can help spot trends and contribute to formulating the most effective response. The FTC is working on both litigation and technological solutions to combat the rising tide of illegal telemarketing calls.

On top of filing a Do Not Call complaint, a growing number of consumers across the country are turning to the courts to deal with spam text and robocalls. If you have been inundated with spam texts or robocalls, you may be able to file a TCPA lawsuit and pursue compensation.

Pursuing litigation can be a daunting prospect, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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This article is not legal advice. It is presented
for informational purposes only.