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Telemarketing Call Work Log

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					 ftc.gov

                           FOR THE CONSUMER
                                                FTC FACTS                        for Consumers



                                              You Make the Call:
FEDERAL TRADE COMMISSION
                           1-877-FTC-HELP




                                              The FTC’s
                                              Telemarketing
                                              Sales Rule




                                                T        he Federal Trade Commission’s (FTC) Telemarketing Sales Rule (TSR)
                                                         puts consumers in charge of the number of telemarketing calls they get at
                                              home. The TSR established the National Do Not Call Registry, which makes it easier
                                              and more efficient for consumers to reduce the number of unwanted telemarketing
                                              sales calls they get.

                                              How can I put my number on the National Do Not Call Registry?

                                              You may register online at donotcall.gov, provided you have a working email
                                              address, or by phone, by calling toll-free 1-888-382-1222 (TTY: 1-866-290-4236)
                                              from the number you wish to register. Registration is free.
Facts for Consumers

What does registration entail?                     enforcing the National Do Not Call Registry
                                                   on October 1, 2003. Consumers should notice
If you register by phone, you must call from
                                                   a reduction in the number of telemarketing
the number you want to register. If you
register online, you must provide an email         calls they get within 31 days after placing a
address for confirmation. The system will          number on the registry.
send you a confirmation email that you will        Does the National Do Not Call Registry
have to open. Click on the link in it within
                                                   cover all telemarketing calls?
72 hours for your online registration to be
complete. You can expect fewer calls within        Placing your number on the National Do Not
31 days of the date you sign up for the            Call Registry will stop most telemarketing
registry. The only identifying information that    calls, but not all. Calls from or on behalf of
will be provided to telemarketers and other        political organizations, charities and telephone
companies accessing the registry will be the       surveyors are still permitted.
phone number you register.                         Organizations with which you have an
                                                   established business relationship can call you
How does the National Do Not Call
                                                   for up to 18 months after your last purchase,
Registry work?                                     payment or delivery — even if your number
The law requires telemarketers to search the       is on the National Do Not Call Registry. And
registry every 31 days and avoid calling any       companies to which you’ve made an inquiry
phone numbers that are on the registry. If         or submitted an application can call you for
you receive telemarketing calls after you have     three months. Therefore, carefully read any
registered your telephone number and it has        questionnaires or surveys you submit; they
been in the registry for 31 days, you can file a   may be an attempt to establish a business
complaint at donotcall.gov or by calling toll-     relationship. Also be careful to read anything
free 1-888-382-1222 (TTY: 1-866-290-4236).         you sign, such as sweepstakes forms or
You will have to know the date of the call and     requests for “free” products; they may be
the company’s name or phone number to file         attempts to get your written permission.
a do not call complaint. A telemarketer who
disregards the National Do Not Call Registry       If you place your number on the national
could be fined up to $16,000 for each call.        registry, you still can give written permission
                                                   for particular companies to call you.
Telephone numbers on the registry will only        Alternately, if you have an established
be removed when they are disconnected and          business relationship, you still can ask the
reassigned, or when the consumer chooses to        company not to call you. The company must
remove a number from the registry.                 honor your request, regardless of any prior
                                                   written permission. And if you don’t put your
When did the National Do Not Call                  number on the national registry, you still can
Registry take effect?                              prohibit individual telemarketers from calling,
                                                   by asking each to put you on their company’s
The FTC, the Federal Communications                do not call list. You should keep a record of
Commission (FCC) and the states began              the date you make the request.
                                                                       Facts for Consumers

One more important point: Although callers          information before the call — known as
soliciting charitable contributions do not have     “preacquired account telemarketing” — and
to search the national registry, a for-profit       offers you goods or services on a free trial
telemarketer calling on behalf of a charitable      basis before charging you automatically, the
organization must honor your request not to         telemarketer must get your permission to
receive calls on behalf of that charity.            use a particular account number, ask you to
                                                    confirm your desire to approve a charge by
Are there other protections against                 giving the telemarketer at least the last four
unwanted telemarketing calls?                       digits of the account number and, for your
The TSR prohibits deceptive and abusive             protection, create an audio recording of the
telemarketing acts and practices and sets forth     entire phone transaction.
standards of conduct for telemarketing calls:       Reduces abandoned calls.
 • Calling times are restricted to the                  Telemarketers are required to connect
    hours between 8 a.m. and                                 their call to a sales representative
    9 p.m.                                For more              within two seconds of the
 • Telemarketers must                information on the           consumer’s greeting. This will
    promptly tell you               National Do Not Call             reduce the number of “dead
    the identity of the                Registry and the                air” or hang-up calls you
    seller or charitable        Telemarketing Sales Rule               get from telemarketers.
                                  visit ftc.gov/donotcall.             These calls result from the
    organization and that
    the call is a sales                                                use of automatic dialing
    call or a charitable                                               equipment that sometimes
    solicitation.                                                     reaches more numbers
 • Telemarketers must                                               than there are available sales
    disclose all material                                         representatives. In addition,
    information about the                                        when the telemarketer doesn’t
    goods or services they are                                 have a representative standing
    offering and the terms of the sale.                    by, a recorded message must play
    They are prohibited from lying about any            to let you know who’s calling and
    terms of their offer.                          the number they’re calling from. The law
                                                   prohibits a recorded sales pitch in a cold call.
In addition to creating the National Do            And to give you time to answer the phone,
Not Call Registry, the amended TSR:                the telemarketer may not hang up on an
                                                   unanswered call before 15 seconds or four
Restricts unauthorized billing.                    rings.
Before submitting your billing information         Requires caller ID transmission.
for payment, telemarketers must get your
express informed consent to be                     Telemarketers must transmit their telephone
charged — and to charge to a specific              number and, if possible, their name to your
account. If a telemarketer has your account        caller ID service. This protects your privacy,
Facts for Consumers

increases accountability on the telemarketer’s        you’ll still receive calls to let you know your
part and helps in law enforcement efforts.            flight’s been cancelled, reminders about an
                                                      appointment or messages about a delayed
Reins in robocalling.                                 school opening. But the business doing the
Most businesses need your written permission          calling still isn’t allowed to promote the sale
before they can call you with prerecorded             of any goods or services. Political calls,
telemarketing messages, or robocalls. In fact,        calls from certain healthcare providers and
a business has to make it clear it’s asking to        messages from a business contacting you to
call you with these kinds of messages, and            collect a debt also are permitted. Prerecorded
it can’t require you to agree to the calls in         messages from banks, telephone carriers and
order to get any goods or services. If you            charities also are exempt from these rules if
agree, you also have the right to change your         the banks, carriers or charities make the calls
mind. Businesses using robocalls have to              themselves. Read New Rules for Robocalls at
tell you at the beginning of the message how          ftc.gov to learn more.
you can stop future calls, and must provide
an automated opt-out you can activate by              The FTC works to prevent fraudulent,
voice or keypress throughout the call. If the         deceptive and unfair business practices in
message could be left on your voicemail or            the marketplace and to provide information
answering machine, businesses also have to            to help consumers spot, stop and avoid
provide a toll-free number at the beginning of        them. The FTC manages the National Do
the message that will connect to an automated         Not Call Registry, which gives consumers
opt-out system you can use any time.                  a choice about getting telemarketing
                                                      calls at home. To register a number, log
Some prerecorded messages still are permitted         on to donotcall.gov, or call toll-free,
under these rules — for example, messages             1-888-382-1222 (TTY: 1-866-290-4236).
that are purely informational. That means




                                       Federal Trade Commission
                                      Bureau of Consumer Protection
                              Division of Consumer and Business Education

                                            September 2009

				
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