No Call List

Oct 20, 2007

  1. Tx249
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    Anyone come up with the answer to the no call list? If the National list over rides the State list, why would the States waste our money duplicating the no call list.

    Texas says Insurance Agents, and Real Estate Agents do not have to follow the no call list as long as the sale takes place face to face!
     
    Tx249, Oct 20, 2007
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  2. Agent Jeff
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    That's clearly not what the FCC is saying. The only thing I can imagine is that if a Federal court decides that the FCC does not have constitutional jurisdiction to regulate intrastate calls, then the less restrictive state law would be in effect.
     
  3. Newby
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    Some states (Indiana being one of them) kept their list separate from the federal list. To call in Indiana you have to check both lists.

    But in Indiana, Insurance agents who are calling from within Indiana are exempt from the state do-not-call list as long as they identify themselves as an insurance agent at the very begining of the call.

    Since our state list started about a year before the federal list, most people had already signed up and a lot of them didn't sign up for the federal one because they didn't know they needed to.
     
    Newby, Oct 21, 2007
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  4. TXINSURANCE
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    If the user initiates the request - i.e. you buy leads you have 90 days to contact even if they are on the DNC list.
     
  5. Tx249
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    Who is exempt from complying with the Texas No Call Lists?

    The No Call Lists apply to companies that are trying to sell a consumer good or service over the telephone. Companies are still allowed to solicit over the telephone if:

    The company has an established business relationship with a customer; or

    The telemarketer is a state licensee (for example insurance agents, real estate agents, securities brokers) and:

    1. The call is not made by an automated telephone dialing system; and
    2. The solicitation requires a face-to-face presentation to complete the sales transaction and make payment; and
    3. The consumer has not informed the telemarketer that the consumer does not wish to receive telemarketing calls from the telemarketer.

    Also according to the law, telephone solicitors may not block their numbers from Caller ID systems
     
    Tx249, Oct 21, 2007
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  6. djs
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    djs Super Moderator Moderator

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    Kinda cool, they promote instate business. The federal do not call list only applies to calls made interstate, not intrastate. Most states simply say 'ditto' for their in state do not call list, making it pretty universal. Texas apparently still allows you to interupt someones dinner :)

    If someone submits a quote request, on the federal do not call list, you have 90 days to contact them via phone.

    Dan
     
    djs, Oct 21, 2007
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  7. Newby
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    Are you sure about the federal list being for interstate only? I've never heard or read that. Is there a link to check it out? That's great news if it's definitely correct.
     
    Newby, Oct 21, 2007
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  8. djs
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    djs Super Moderator Moderator

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    I would never intentionally steer you wrong, but don't misunderstand what I said. Most states simply copied the federal rules, and enforce them. You can see more at the official do not call site:

    National Do Not Call Registry
    The National Do Not Call Registry applies to any plan, program, or campaign to sell goods or services through interstate phone calls. This includes telemarketers who solicit consumers, often on behalf of third party sellers. It also includes sellers who provide, offer to provide, or arrange to provide goods or services to consumers in exchange for payment.

    Please notice the word 'interstate', not intrastate. This makes sense, the federal government cannot regulate intrastate commerce.


    Of course, you should also review:
    National Do-Not-Call Registry

    which will tell you that the rules are the rules, regardless of the state you live in.

    So the people who manage the do not call list federally say it only applies to interstate calls. Probably 98% of the time, it applies to all calls, unless you are a politician, then you give yourself an exemption.

    Dan
     
    djs, Oct 21, 2007
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  9. Agent Jeff
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    Dan,
    Now I can see why there is such confusion. The FCC at the site you mention claims jurisdiction over only interstate calls and yet claims it over both interstate and intrastate at another. Look at:

    National Do-Not-Call Registry
     
  10. djs
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    djs Super Moderator Moderator

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    Actually, if you read close, the FCC defers to the FTC rules about do not call. The FCC does mention that it applies to intrastate calls as well. The states then add a layer on top of this.

    It's really not that confusing. If you stick with the federal rules, you'll stay out of trouble. While many think they are a bit cumbersome, they really aren't that bad. Look at it this way, people on the do not call list are your no's. There should be more yes's in the pile afterwards.

    Dan
     
    djs, Oct 21, 2007
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