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The Federal Trade Commission (FTC) opened the National Do Not Call Registry in order to comply with the Do-Not-Call Implementation Act of 2003.

How do you know if somebody is on the Do Not Call list?

The best way to make sure you don't call a number on the Do Not Call (DNC) list is to purchase a SAN, download the list, and use it to scrub numbers from your calling lists. The procedures should be similar for state DNC lists. The Federal Trade Commission (FTC) does offer a way to check up to three numbers to see if they are on the federal DNC list, but this tool is intended to be use for consumers to check if their own numbers are registered.

Do I need to make special considerations for declared states of emergency?

Yes, some state telemarketing laws prohibit you from making calls during a state of emergency. However, it is less clear when it comes to texting. Other than the 15 states that treat text messages separately, it is not clear whether a regulator would say texting is a call. A lot of state-level statutes about states of emergency are worded in such a way that calls are explicitly prohibited while texts are not. But as a practical matter, it is best not to call or text during states of emergency.

What are the DNC provisions of the TSR?

The Do Not Call (DNC) provisions of the Telemarketing Sales Rule (TSR) are as follows:

Internal Do Not Call List Requirements
The internal DNC list refers to the Entity-Specific Do Not Call Provision. This provision mandates that telemarketers keep and maintain their own do not call list, specific to their organization. When a consumer asks to be put on your do not call list, you should honor that request immediately.

Do I need a SAN?

According to the Federal Trade Commission (FTC), “Every Seller should subscribe, pay the appropriate fee, and agree to the certification requirements to receive a Subscription Account Number (SAN) with the National Do Not Call Registry.”