No one likes getting interrupted by unnecessary phone calls. A call from an unknown number is irritating at best and scary at worst. If that call happens to be from a telemarketer, you’re right to be upset that your life has been interrupted, albeit briefly, by an unwelcome stranger.
That’s why the national Do Not Call (DNC) list was created. This list is a directory of all the phone numbers in the country that telemarketers cannot call. Here’s what you need to know about the Do Not Call list, how it can help you, and what to do if it’s not protecting you.
What Is the Do Not Call List?
The Do Not Call list is officially known as the National Do Not Call Registry. It’s a federal database of private phone numbers that have requested telemarketers stop calling them. Despite telemarketing being almost as old as the national phone network, the origin of the Do Not Call Registry only dates back to 1991.
That’s when the Telephone Consumer Protection Act (TCPA) was first introduced. Today, this Act specifically limits telemarketing, automatic dialers, and non-live voice messages. It also prohibits solicitors from:
- Calling between the hours of 9 pm and 8 am for the recipient
- Using prerecorded or automated voice messages to contact residences or cell phones
- Using automatic calling equipment to contact cell phones
- Violating do-not-call requests
The federal DNC Registry was officially created in 2003 after the codifications of the Do-Not-Call Implementation Act. While each company was initially required to maintain a list of do-not-call numbers, it wasn’t enough. So many companies were using telemarketing that blocking a single company didn’t stop the influx of calls.
The federal list simplifies the process for consumers by acting as a central database that all commercial solicitors must respect. Companies who are obligated to follow the TCPA must monitor the DNC registry and follow it to the best of their abilities.
How the Do Not Call List Helps You
The DNC list has two main functions. Obviously, it bars commercial companies from calling you. By adding your number to the registry, you’re making it known you don’t want telemarketers to contact you. Most companies respect the registry, and you’ll notice an immediate reduction in the calls you receive.
Of course, not every company respects the law. You may still receive occasional telemarketing communication. That’s when the TCPA comes into play.
The TCPA permits people to sue companies that have violated do-not-call requests. The civil lawsuit element acts as an essential deterrent for unscrupulous companies. It allows individuals to fight for their right to phone privacy without the FTC needing to step in.
If the call recipient can prove that the caller has violated a do-not-call request, they can sue the caller for each violation. There are two kinds of TCPA violations: accidental and willful. Accidental violations occur when the caller doesn’t realize they’re calling a number on the DNC registry. The victim can sue for up to $500 per unintentional violation.
Meanwhile, willful violations are calls made despite understanding the DNC list and knowing the phone number is on it. Victims of willful TCPA violations can sue for triple damages or $1500 per incident. These financial penalties can quickly add up, encouraging companies to be extremely cautious about following the law.
Limitations of the DNC List
Of course, the DNC list isn’t perfect. It only applies to certain types of organizations and phone lines. For example, the Do Not Call list does not need to be followed by:
- Political organizations
- Non-profit organizations
- Survey conduction groups
- Bill collectors
- Any company from which the person has requested information in the past 31 days
Essentially, only groups performing unsolicited commercial advertising are barred from contacting numbers on the DNC list. Furthermore, businesses and organizations cannot put their phone numbers on the DNC list; only private individuals can do so.
Alternatives to the DNC List
If you’re only facing solicitous phone harassment from commercial organizations, the DNC list can be enough to stop unwanted calls for good. However, if you’re facing other sources of unwanted calls, you’ll need to rely on other laws and regulations.
For example, debt collectors are not barred from calling people on the DNC list. However, they are held to state and federal debt collection laws. In California, debt collectors are not allowed to call you between 8 am and 9 pm. They’re also prohibited from making repeated calls in a short period to annoy you.
Similarly, non-profit groups, political campaigns, and data collection organizations are held to state and local laws regarding phone communication. In California, all types of unsolicited phone contact must name the group sponsoring it and get the recipient’s consent. If you’re receiving phone calls that you know you have not consented to, you can report the caller to the FTC and potentially sue.
Stop Unwanted Calls for Good
The Do Not Call Registry was implemented because unwanted calls are distracting and unpleasant. No matter where your unwanted calls are coming from, you deserve to be free from harassment. If you’re facing overwhelming, unwanted, or harassing phone calls, get in touch with an experienced consumer protection attorney to discuss your case.
From spam calls to creditor harassment, the right attorney can help you reclaim your phone. Work with an attorney to discuss the right solution for your situation. They’ll guide you through ending the harassment, whether it takes mediation or a lawsuit. You can take back your free time and end distressing calls for good; all you need is a little help.
