The Do Not Call List (DNC) Rules

[zergkiller]

Perhaps someone can resolve this question. There are two do not call lists. One is the Federal DNC, and the other is the State DNC list. I copied this text below from the Texas DNC webpage, and it says that if you have a license, you are allowed to call anyone, provided you have not been told not to call again. I was told that I have a “license to solicit” and could also talk to people in super markets and bus stops without violating the law.

I’m wondering if this subject isn’t another example of the FED intruding on state’s rights, and if it is possible to just go ahead and call. Here’s the quote and the website.

ARE THERE EXCEPTIONS TO THE RULES FOR TELEMARKETERS?
Yes. Telemarketers may contact customers:

1) With whom they have an established business relationship;
2) If the customer requests contact;
3) To collect a debt; or
4) If the telemarketer is a state licensee (for example – insurance or real estate agent, etc.) and:

a) the call is not made by an automated device;
b) the solicited transaction is not completed without a face-to-face presentation to complete a sales transaction and make payment;
c) the consumer has not previously told the licensee that the consumer does not wish to be called.

 

[GreenSky]

You should definitely get on the phone and ignore the DNC rules. Let us know how that works out for you if you are fined for the violation.

Rick

 

[zergkiller]

Which is to say that you don't know either, right?

 

[Josh]

The FTC regulates the DNC, so if someone is on the federal DNC list, that's going to trump everything.

In addition, *some* states have their own DNC list. Why they don't just take that info and dump it into the federal DNC is something I wonder about, but why not make the whole situation more convoluted.

To answer your question, if someone is on the federal DNC, regardless of the laws in your state, it's still illegal to call them. Many folks will do it anyway, but that doesn't change the fact that you are still clearly violating the law. Now, if someone is on the state DNC list only and *not* on the federal DNC list, then you would be in the clear, but the state DNC laws do not supersede the FTC.

Does that help?

 

[GreenSky]

Which is to say that you don't know either, right?

If you want to make that assumption go ahead.

Rick

 

[zergkiller]

I already did that sport.

 

[funeraldirector]

I already did that sport.

Thanks for a well-written and reasoned question.

 

[zergkiller]

Josh

Yes, it does clarify the question. I've found that in some states, they have passed a law that simply gives the authority to the National DNC list. I don't think that's true in Texas though. I am going to try to call the Attorney General about this and will post back the results if I can.

The Texas DNC is quite clear about the exceptions though. It seems at the moment that it's worth the research. My impression is that Texas law allows in-state calls from licensed reps. But calls originating outside the state would be illegal due to the National Do Not Call Registry.

 

[djs]

Fortunately, CA doesn't have this exemption. I'm not sure how State law could trump existing federal law, but it does read like they are trying to.

 

[arnguy]

It might work if the party signed up with only the state DNC and not the Federal DNC----or both DNCs.