COMPLIANCE OVERVIEW

What is the Do Not Call Registry, and who does it cover?

The National Do Not Call Registry restricts telemarketing calls to numbers on it. State lists can add further restrictions.

The National Do Not Call Registry is a list consumers can add their phone number to in order to stop most telemarketing calls to that number. It is run by the Federal Trade Commission, FTC, and it matters to any agency that places outbound calls, including follow-up calls to numbers that were not collected through a telemarketing call in the first place.

What the National Registry is

The FTC established the National Do Not Call Registry in 2003 under the Telemarketing Sales Rule, and it has operated continuously since. A consumer registers a number, and telemarketers are generally required to avoid calling registered numbers, with certain established exceptions defined in the underlying rules.

How it relates to the TCPA

The Registry sits at the intersection of two related but separate frameworks: the Telemarketing Sales Rule, enforced by the FTC, and the TCPA, enforced by the FCC. Both address unwanted telemarketing calls, and both feed into obligations around the Registry, which is why you will see it referenced under either law depending on the source.

State registries and rules

Some states maintain their own do-not-call lists or telemarketing rules in addition to the national one, and state requirements can be stricter than the federal baseline. Which states have their own list, and exactly what each one requires, changes over time and is outside the scope of this page. Check your own state's requirements directly, for every state where you place outbound calls, not just the state you are licensed or headquartered in.

  • A number being on the National Registry generally restricts telemarketing calls to that number, subject to defined exceptions.
  • State rules can layer additional restrictions on top of the federal ones.
  • Do not call obligations generally attach to the business placing the call, not to the marketplace that connected you with a caller.

What this means for follow-up and outbound calls

If your process includes calling a consumer back, following up on a quote, or placing any other outbound call, that call is generally subject to Do Not Call obligations the same way any other outbound telemarketing call would be, regardless of how you first came into contact with that consumer. Build your own outbound calling process with that in mind, and confirm the specifics of how any exceptions apply to your situation with counsel.

Practical steps a desk can take

  1. Know which of your outbound calls are telemarketing calls under the applicable rules, and which fall under a recognized exception.
  2. Screen outbound numbers against the National Registry and any applicable state list before placing calls that require it.
  3. Keep a record of when and how a consumer's number was scrubbed, so you can show your process if it is ever questioned.
  4. Train anyone placing outbound calls on the basics, rather than assuming Do Not Call obligations only apply to a dedicated compliance role.

None of this needs to be complicated to be real. A documented, repeatable process that your desk actually follows every time is worth more than a policy written once and never referenced again. If your outbound volume is small, the process can be simple, but it still needs to exist and be followed consistently.

It is worth asking, for any outbound calling activity you run, whether it clearly qualifies as an exception to Do Not Call restrictions, an established business relationship with the specific consumer, for example, or whether you are assuming an exception applies without having confirmed it does. Assuming an exception is a common way desks end up out of compliance without intending to be, and it is a cheap thing to confirm ahead of time compared to sorting it out after the fact.

Treat any exception you rely on as something to re-confirm periodically, not a fact established once and never revisited. Guidance and interpretation around exceptions can shift, and a practice that was defensible a year ago is not automatically still defensible today without a fresh check against current rules.

This page is general information, not legal advice, and it does not cover every exception, state list, or edge case. Confirm current Do Not Call obligations, in every state you operate in, with your own counsel and the applicable regulator before relying on anything here.

Common questions

01Who runs the National Do Not Call Registry?

The Federal Trade Commission established and administers the National Do Not Call Registry, under the Telemarketing Sales Rule, since 2003.

02Do state Do Not Call lists replace the national one?

No. Where they exist, state lists and rules generally sit alongside the national registry and can add restrictions beyond it. You need to account for both the national registry and any applicable state requirements.

03Does an inbound call from a consumer create a Do Not Call issue?

The Registry and related rules are aimed at telemarketing calls a business places, not calls a consumer initiates. Do Not Call obligations become relevant when you place outbound calls, including follow-ups.

04Is Callmart responsible for a buyer's Do Not Call compliance?

No. Buyers are responsible for their own compliance with Do Not Call obligations in the states where they operate. Callmart does not review or guarantee a buyer's outbound calling practices.

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