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U.S. National Do-Not-Call Registry is Law

extra88 writes "Bush has signed the Do-Not-Call Registry into law. The registry will be run by the FTC and funded by fees collected from telemarketers. Telemarketers can be fined up to $11K for calling someone on the list. Politicians, surveys (loophole?) and charities are exempt from using the list. The FCC oversees certain industries (airlines, banks and phone companies) and will have to "buy in" to the registry for it to affect those industries. Slashdot covered this story when the bill went through House of Representatives."

37 of 525 comments (clear)

  1. Surveys... by TopShelf · · Score: 4, Interesting

    Surveys are indeed a loophole here. Since Indiana's do-not-call list went into effect (which is a MAJOR success), I have gotten some thinly veiled "research survey" calls, which offer a free sample of a product as the compensation for participating. They're pretty few and far between, though.

    I still can't believe that a legislature actually passed a reasonably effective and useful law, despite the opposition of lobbying groups!

    --
    Stop by my site where I write about ERP systems & more
    1. Re:Surveys... by avandesande · · Score: 4, Funny

      Porn is protected because politicians watch porn. My guess is that many of these politicians were getting calls from telemarketers at home... You figure it out.

      --
      love is just extroverted narcissism
    2. Re:Surveys... by cacav · · Score: 5, Interesting

      I'm more concerned with the charity loophole. The group "Lighthouse Credit Foundation" was busted by NY last year for calling people with automated messages (I average 3 calls a month from them myself) and no way to get off their lists. They claim they're exempt because they're a so-called charity offering debt relief.

      I'm worried more companies will find a way to try and look like a charitable organization. Or worse yet, pay a charity to do their solicitations for them as a middle-man.

  2. What impact will it have? by Anixamander · · Score: 4, Informative

    My first thought was that this list could cut down my telemarketing calls received by about 90%. But what is that you say? It may not apply to phone companies? Well, I suppose cutting my telemarketing calls received by 5% is still some sort of progress.

    --
    Do not taunt Happy Fun Ball(TM)
    1. Re:What impact will it have? by The_K4 · · Score: 5, Interesting

      It's easy, I just use my cell phone for EVERYTHING. I never answer the home line. If I get a telemarketer (phone company, political or other wise) I explain that this is a cell phone, and I pay by the min for incomming and out going calls and as such is it illegal for them to call this number. I also ask for the company name, address and the referance number of this call that I may send them a bill for the charges of this call, which they are now legaly responsible. I only had to do that 3 times, and even with out actually sending them a bill, the calls stopped. :)

  3. Thank goodness.. by SirFozzie · · Score: 5, Interesting

    Now if We can just get a "Do Not Spam" List to go with the "Do Not Call" list.

    First Post?

    --
    People Talking in Movie shows.. people smoking in bed.. people voting republican.. GIVE THEM A BOOT TO THE HEAD!
  4. Woo by grub · · Score: 5, Funny


    * ring ring *
    Hello?
    Hallo, dees iz Al Quaeda fund raising group, please geef uz moe-nee.
    I'm on the National Do Not Call list!
    Ah.. forgiff my mistake, American Infidel. I shall call next perzon on list. Haff a nice day.
    No problem, g'day.

    --
    Trolling is a art,
  5. Do-Not-Email Next? by ackthpt · · Score: 5, Interesting
    All good, for now, but how long before this is extended to a national Do-Not-Email list? Assuming this passes the Supremes, regarding the 'first amendment - free speech' test, it seems only logical.

    I would personally like such a thing considering my volume of spam, but aside from anyone who lives by spamming, does anyone find issues with the extended concept?

    --

    A feeling of having made the same mistake before: Deja Foobar
  6. The UK has one too by Macka · · Score: 4, Interesting

    I just signed up to the UK version, www.tpsonline.org.uk. It takes a month to work its way into the system, then I'm promised a big reduction in unsolicited phone calls, currently running at around 2-3 a day. As I have to work from home some weeks, so this will be a great relief. I'm glad you guys have it too.

    Macka

  7. how to break by Joe+the+Lesser · · Score: 4, Funny

    Phase 1:All telemarketers stop for n months.

    Phase 2: No fines = no funds to enforce law.

    Phase 3: Resume telemarketing

    Phase 4: Profit!

    --
    "I only speak the truth"
    Karma: null(Mostly affected by an unassigned variable)
  8. why is anyone exempt? by bkrrrrr · · Score: 5, Insightful

    Why are surveys and charities exempt? They're no less annoying, and have no right to call you out of the blue either.

    bkr

    1. Re:why is anyone exempt? by cgenman · · Score: 4, Informative

      As a sociologist, I really do need to call "random" people, and can't consider a survey consisting only of telephone owning people who are willing to take a survey and who are clueless as to the do-not-call registry a valid sample space... There would be no real way to judge many of the statistics taken for granted these days without the ability to call and survey just about anyone. I would hate to think that all of /. would be excluded form any future informational research (according to the latest figures, 0.1% of the US population works in computing, and all of them at Microsoft).

      They don't necessarily have the right to call you out of the blue, but if the information is to be statistically valid that's exactly what they have to do. And it is in the public's interests to have accurate statistics (not that there aren't a lot of rigged polls going on).

      As for charities? I'm betting they originally wanted to exclude all "nonprofits," but realized that the ACLU and many other political groups are non-profit but not charities. Hence, gain the support of your friendly local Goodwill and keep your iron grip on politics.

    2. Re:why is anyone exempt? by Bobo_The_Boinger · · Score: 4, Insightful

      Come on, that is a foolish argument. If you are calling people and asking them "are you willing and able to take the time to take a survey right now?" You are already removing any randomness from your data. First you are only getting those people who OWN phones. You are also only going to get those people who have nothing better to do than talk to you at the instant that you call. As such you will talk to many more jobless people than those who work long hours, many more single people than those watching active small children, etc.

      Sorry, but if you want truly random data, you'll have to work a lot harder than picking up the nearest phone book to get it.

      As for whether the public needs more statistics, I don't think so. According to my calculations, I have actually listened to and understood 0.7% of statistics that are spewed at me daily from the television. Of those 0.01% have proven useful to me in my life. :)

      --
      --David
  9. Overseas calls? by tinrobot · · Score: 4, Insightful

    So, if someone calls from within the US, you can haul them to court where there's an $11K fine... but what if the call originates in... say... Tijuana? Ottowa? Bombay?

    I get the feeling that, in order to survive, junk phone callers will resort to some dirty tricks.

    1. Re:Overseas calls? by daker13 · · Score: 5, Informative

      From http://www.ftc.gov/bcp/conline/pubs/alerts/dncalrt .htm

      7. What about telemarketers calling from overseas? Are they covered? Won't you have difficulty enforcing your national "do not call" registry outside the U.S?
      Telemarketers calling U.S. consumers are covered, regardless of where they are calling from. Enforcement outside the U.S. is not as easy as it is at home, but it is not unusual for the FTC to take law enforcement action - and to prevail - against telemarketers calling from outside the U.S. Moreover, if a company within the U.S. solicits sales through an overseas professional telemarketer, that U.S. company is liable for any TSR violations of the telemarketer. Initiating enforcement action against such companies is not a problem for the FTC.

  10. Buy Herbal Viagra, Vote Quimby by use_compress · · Score: 4, Funny

    Hello Sir/Madam, while on your way to vote for Diamond Joe Quimby and donate to Guns for Tots, pick up some of our effective, 100% legal herbal Viagra substitute.

  11. It's all your fault by mr.nicholas · · Score: 4, Insightful
    You know, I've heard a lot of anger coming from the Telemarketing industry regarding this. The general consensus is that it will drive them completely out of business.

    You know what? It's all their faults anyway. If they hadn't been so aggresive and so intrusive (I used to get around 15 calls from 6pm to 9pm ... right smack dab in the middle of dinner), they wouldn't have pissed off an entire nation of people and legislation like this wouldn't be required.

    But they were, so it is needed.

    Hm. I guess that thought applies to SPAM as well.

    My comment to telemarketers: Here's a dime, go call someone who gives a damn (but make sure you check The Registry first!). As my mother used to say: you made the bed, now f**king sleep in it.

    1. Re:It's all your fault by cgenman · · Score: 4, Interesting

      Pickpocketers, sheisters, and muggers were pretty upset when those industries were outlawed. But quite frankly if your business model is predicated upon annoying people, expect to get banned. Automated call machines were banned for exactly the same reason. Now that call-centers have become consolidated and automated enough to be a major nusiance, they rightfully should be too.

      I'm glad the telemarketing industry is angry. Hopefully that means we will be rid of those leeches upon society.

      Do something positive, and get back to us.

  12. Let me help them build the list by product+byproduct · · Score: 5, Funny

    #include <stdio.h>

    int main()
    {
    int i, j, k;

    for (i = 100; i <= 999; i++)
    for (j = 100; i <= 999; j++)
    for (k = 0; k <= 9999; k++)
    printf("(%03d) %03d-%04d\n", i, j, k);
    }

    1. Re:Let me help them build the list by davinciII · · Score: 5, Funny

      for (i = 100; i = 999; i++)
      for (j = 100; i = 999; j++)--
      for (k = 0; k = 9999; k++)
      printf("(%03d) %03d-%04d\n", i, j, k);

      You've got yourself an endless loop. The second for statement will execute indefinitely, as i will always be 100 throughout the iteration.

      Ahh, the beauty of open source ;)

    2. Re:Let me help them build the list by rworne · · Score: 4, Funny

      In order to post code for a code review, we must first:

      1) Have a Premilinary Design Review
      2) Have a Critical Design Review
      3) Submit your code package to CVS
      4) Call for a review meeting at least 5 business days in advance
      5) Submit a package for review at the time of the meeting notice complete with Engineering Notes, Class Diagrams, Structure Diagrams, and Sequence Diagrams.

      Thank you.

      --
      I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
  13. How are *they* going to do this? by Botchka · · Score: 5, Insightful

    How the hell would I prove that a telemarketer called me? Is it my word against their word? Do I obtain phone records? Does the government obtain phone records? Now granted, my cell phone does a pretty good job of breaking calls down to incoming and outgoing, but I don't recall if it tells you the phone number of the incoming call on the bill Seems like yet another political feel good move that the government has no way of enforcing. Hey if it works and the iron the kinks out, then sign me up! Hell lets figure out how to do the same thing as spammers, since I think that cause more pain and cost more money.

    --
    Money not found! A)bort, R)etry, D)eclare Bankruptcy
  14. My name is Jim... by greenskyx · · Score: 5, Funny

    I'm running for congress... would you be interested in switching to AT&T?????????

  15. Re:Do-Not-Email Next? by Jason+Cain · · Score: 5, Insightful

    How would you enforce it? I assume that most of my unsolicited telephone calls come from within the US, and are therefore subject to US laws.
    The callers could move outside the US, but the cost of making the phone calls would increase dramatically.

    However, it's easy for spammers to move outside the US to avoid an unfavorable law, and doesn't really change their costs much.

  16. What about autodialers? by YetAnotherName · · Score: 4, Interesting
    Recently, telemarketing calls I've been getting go like this:
    Hello, this is [different voice] BARBARA [/different voice], and I'd like to talk to you about the exciting benefits of something-or-other. Press ONE if you'd like more details.
    Now, I'm already on the state's do-not-call list, but how do I tell these people they've broken the law? If I press ONE, I'm saying I want more details. If I do nothing, their machine hangs up.

    My current solution is to use an auto-attendant wherein a caller needs to press my extension number to ring me. Now, their machine talks to my machine, and I never even hear a phone ring.

    But I'd still like to cause them some pain.
  17. Re:sign up by Hamster+Of+Death · · Score: 5, Funny

    Don't worry, they'll call you and ask if you want to sign up!

  18. Re:sign up by InsaneGeek · · Score: 4, Informative

    According to the ftc's website http://www.ftc.gov/bcp/conline/edcams/donotcall/ju mp.html

    It'll be phased in over 8 weeks region by region starting in July. You can register either by a toll-free call, or online (Yea!).

  19. Re:Wow! by foistboinder · · Score: 4, Funny
    Holy shit, GW actually did something right. I mean, I know it's not that hard picking up a pen and putting your signature where your political advisors tell you to. Still, this law rocks. I love it. If I could, I would marry it. I am so on that list A.S.A.P

    Sometimes, even a blind squirrel finds a nut.

  20. Official DNC (Do Not Call) website by djrogers · · Score: 5, Informative
    --
    Think outside the... Hey, where'd the friggin' box go?
  21. Something doesn't make sense by jonasson · · Score: 5, Insightful

    "Telemarketers say the registry will devastate their business."
    This doesn't make a lot of sense to me. If anything, a do not call list would help them reduce the costs by eliminating unnecessary phone calls. The people who sign up for this list are those who are least likely to purchase anything through a telemarketer. Now that they have a list of numbers not likely to buy anything, they can skip over that and save the cost of a phone call.

  22. More on surveys etc. by linuxwrangler · · Score: 5, Informative

    I do work for a company that does market-research. Read the law - there are reasonably strict restrictions on what counts as charities, surveys, etc. I may be in the minority but I have done focus groups and do reply to some surveys if I'm not otherwise occupied (well, I used to - working for a research company disqualifies me for most of the now). I hardly think that sending a FREE product, gift certificate, etc. as a thank-you makes a survey somehow evil. (I should note, we hardly do any call-out work and on the rare occasions we do we adhere strictly to the allowed hours and other restrictions.)

    Now, you want to see a loophole - how about the exemption for anyone with whom you have a "business relationship". Bought a widget from me in the last 18 months - I'm exempt. I called you for product info in the last three months - you can feel free to start calling me whether I'm listed or not. Fortunately even in those cases (and I think with charities as well) you can tell that specific business/charity to stop calling and they must honor it.

    Better still, they must start transmitting caller ID info - no more "ID unavailable" and must have a person on the line within 2 seconds of your answer (the telemarketers hate this since they can't cram in as many calls per person per hour with their predictive dialers).

    The other giant loophole is that there are a variety of exemptions for financial institutions, airlines and telecom companies but it appears from the FTC web site that this could be just procedural in that they are already regulated by other agencies and it just needs some interagency coordination to bring those into the fold as well. Still, those exemptions bear watching. Perhaps someone more familiar than I am with the laws would care to comment.

    --

    ~~~~~~~
    "You are not remembered for doing what is expected of you." - Atul Chitnis
  23. Surveys by _iris · · Score: 5, Informative

    The provisions for surveys are meant to prevent the government from fighting itself. The government, at various levels, spends billions of dollars per year funding survey research. My employer (the University of Wisconsin) recieves millions each year from the state alone.

    If you feel a survey is not of academic nature then the call is illegitimate (per Wisconsin law) and the caller can still be punished. Since Wisconsin's do-not-call list went into effect at the beginning of this year we have recieved phone calls from various areas of the government ensuring our credibility.

  24. Congress' Next Job by jazman_777 · · Score: 5, Funny

    A "Do Not /." List for websites.

    --
    Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
  25. Re:sign up by rworne · · Score: 4, Interesting

    Cool, and do-no-call activists can write up a nifty perl script that will register every number from 000-000-0000 to 999-999-9999.

    Yes, I know that the above can be pared down considerably by removing invalid area codes and prefixes.

    We could set this up as a distributed effort, with each ./ member taking a few hundred thousand numbers.

    --
    I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
  26. I think the real solution is... by CommieLib · · Score: 5, Funny

    Hook up ELIZA with her own voice and let the telemarketer spin their wheels for half an hour or so:

    Telemarketer: Would you like to learn how to save on your long distance bills?

    Eliza: Oh, i like to learn what to save on my long distance bills.

    Telemarketer : Well, with our super saver program you can make long distance calls for just 39 cents a minute!

    Eliza: Oh, i can make long distance calls for just 39 cents a minute.

    Telemarketer: Uh, yes. So can I sign you up?

    Eliza: You are sure?

    Telemarketer: Um, yeah. Are you interested in signing up for our long distance service?

    Eliza: Would you prefer if I were not interested in signing up for our long distance service?

    --
    If your bitterest enemies are people who hack the heads off civilians, then I would say you're doing something right.
  27. automated sign up? no thanks by anonymous+loser · · Score: 5, Insightful

    Thanks for making up my mind for me. I'd rather evaluate the merits of receiving telephone solicitations and make the decision to sign up on a do-not-call list myself, and I'm sure there are millions of others who agree.

    And just so you know, some people LIKE to receive telemarketing calls, credit card offers, etc. Maybe they're lonely. Maybe they need toilet paper. It doesn't matter. If you sign me up for something that I didn't ask for, you are violating my privacy just as much as the guy who calls me in the middle of dinner.

  28. Death of the Predictive Dialer abuse! Yay!! by JUSTONEMORELATTE · · Score: 4, Interesting
    Just read the ftc.gov FAQ about the new law, and I'm delighted!
    Greatly reduce abandoned calls. Telemarketers will be required to connect the call to a sales representative within two seconds of the consumer's greeting. This will reduce the number of "dead air" or hang-up calls you receive from telemarketers. These calls result from the use of automatic dialing equipment that sometimes reaches more numbers than there are available sales representatives. In addition, when the telemarketer doesn't have a representative standing by, a recorded message must play to let you know who's calling and the telephone number they're calling from. The law prohibits a sales pitch. And to give you time to answer the phone, the telemarketer may not hang up before 15 seconds or four rings.
    I have always felt that abusing predictive dialers (by under-staffing the call center and simply hanging up on some percentage of your victims) was against the spirit of the law. Now it's against the letter of the law.