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.
National Do Not Call Registry Requirements
The DNC list is comprised of both landline and wireless numbers and has been open to telemarketers since September 2003. All telemarketers are required to check their lists against the National Do Not Call Registry at least every 31 days.
Misuse of the Do Not Call List
Neither the National Do Not Call Registry nor any internal Do Not Call list may be used for any purpose other than compliance with the TSR’s Do Not Call provisions. This includes attempting to “share” the cost of accessing the national Do Not Call data. All organizations must have their own individual subscription.
Interfering with Someone’s Do Not Call Rights
When a consumer asks to be placed on your internal do not call list, you should accept this request and honor it immediately. Hanging up, refusing to honor or demanding the consumer listens to a sales pitch all constitute violations of this provision. Any organization caught violating this rule will lose any benefit from the TSR’s safe harbor from erroneous violations and may be subject to civil penalties.