As a non-profit telemarketer I am woriied about the implications of the Do Not Call List.?

Question

How would my organization go about implementing an 'inhouse' Do Not Call List that will be compliant with the FTC? Anysuggestions or procedures needed to do this accurately would be appreciated.

Answer 1

You still are asking for donations....likely people will stillbe rude

Answer 2

Contact the Federal Trade Commission directly.

Answer 3

It depends what your non-profit is. The National Do Not Call Registry does not limit calls by political organizations, charities, or telephone surveyors.

Answer 4

If you're non-profit you are likely exempt from the list.

Answer 5

specifically from the FTC:


4. What types of calls are not covered by the National Do Not Call Registry?
The do not call provisions do not cover calls from political organizations, charities, telephone surveyors, or companies with which a consumer has an existing business relationship.

5. Do the do not call provisions of the TSR cover calls soliciting money for charities?
Charities that are calling on their own behalf to solicit charitable contributions are not covered by the requirements of the national registry. However, if a third-party telemarketer is calling on behalf of a charity, a consumer may ask not to receive any more calls from or on behalf of that specific charity. If a third-party telemarketer calls again on behalf of that charity, the telemarketer may be subject to a fine of up to $11,000.

6. Do the do not call provisions of the TSR cover tax exempt organizations?
Entities that have been granted tax exempt status under the Internal Revenue Code are not necessarily Exempt Organizations for purposes of the National Do Not Call Registry. See, e.g., FTC v. National Consumer Council, Inc., and FTC v. Debt Management Foundation Services, Inc. There, the FTC successfully challenged the status of a purported nonprofit organization whose role in fact was simply to generate leads for other firms which then charged consumers thousands of dollars in fees for their services.

For more information see “10. What is an Exempt Organization?” below.

7. Do the do not call provisions of the TSR cover political solicitations?

No. Political solicitations are not covered by the TSR at all, since they are not included in its definition of “telemarketing.”

8. If a call includes a telephone survey and a sales pitch, is it covered?
Yes. Callers purporting to take a survey, but also offering to sell goods or services, must comply with the do not call provisions. But if the call is for the sole purpose of conducting a survey, it is exempt.

9. How does the established business relationship provision work for a consumer whose number is on the registry?
A company with which a consumer has an established business relationship may call for up to 18 months after the consumer’s last purchase or last delivery, or last payment, unless the consumer asks the company not to call again. In that case, the company must honor the request not to call. If the company calls again, it may be subject to a fine of up to $11,000.
If a consumer makes an inquiry or submits an application to a company, the company can call for three months. Once again, if the consumer makes a specific request to that company not to call, the company may not call, even if it has an established business relationship with the consumer.

A consumer whose number is not on the national registry can still prohibit individual telemarketers from calling by asking to be put on the company’s own do not call list.

10. What is an Exempt Organization?
In general, your organization is not required to access the National Do Not Call Registry, and thus may access as an Exempt Organization, if one or more of the following is true:

Your organization is not subject to either the FTC’s or the FCC’s jurisdiction. For example, a non-profit charitable organization may be an Exempt Organization, assuming, of course, that it is truly a non-profit. Entities that have been granted tax exempt status under the Internal Revenue Code are not necessarily Exempt Organizations for purposes of the National Do Not Call Registry. See, e.g., FTC v. National Consumer Council, Inc., and FTC v. Debt Management Foundation Services, Inc. There, the FTC successfully challenged the status of a purported nonprofit organization whose role in fact was simply to generate leads for other firms which then charged consumers thousands of dollars in fees for their services.

Your organization does not engage in any "telemarketing" or “telephone solicitation” activities, as defined by the FTC and FCC, respectively. For example, survey calls and political polling calls are not covered by the definition of “telemarketing” or “telephone solicitations.” An organization that places ONLY these types of calls may be an Exempt Organization.

Your organization qualifies for one or more of the specific exemptions contained in the FTC's and FCC's rules, such as:
a. you only call to solicit charitable contributions; or
b. you only call consumers with whom you have an established business relationship; or
c. you only call consumers from whom you have received written permission to call; or
d. you only make business-to-business calls.
If you are a for-profit telemarketer, you are NOT an Exempt Organization, even if you call consumers on behalf of an Exempt Organization, such as a non-profit. See, e.g., National Federation of The Blind v. FTC, 420 F.3d 331 (4th Cir. 2005).

Additionally, you must be accessing the National Registry solely to prevent telephone calls to telephone numbers on the National Registry.

Whether your organization is exempt is a decision that requires an understanding of the FTC’s and FCC’s requirements, as well as your specific business practices. Therefore, whether you should subscribe as an Exempt Organization is a decision you must make. In making this decision, you may wish to consult with an attorney.

If you are not an Exempt Organization and you have nevertheless subscribed to the Registry as an Exempt Organization, you may be subject to civil and/or criminal penalties. If you subscribed as an Exempt Organization by mistake, and wish to withdraw your subscription, please contact the HELPDESK.

You may wish to consider the following materials when deciding whether to subscribe to the National Do Not Call Registry as an Exempt Organization:

The FTC Act at 15 U.S.C. §§ 41-58 and related case law.
The Communications Act at 47 U.S.C. §§ 151-757 and related case law.
The Telephone Consumer Protection Act (TCPA) at 47 USC §227 and related case law.
The Telemarketing and Consumer Fraud Abuse Prevention Act at 15 U.S.C. §§ 6101-6108 and related case law.
The Do Not Call Implementation Act at P.L.108-10, 117 Stat. 557, and related case law.
The Telemarketing Sales Rule at 16 C.F.R. § 310 and related Agency statements and case law.
The FCC’s rules implementing the TCPA at 47 C.F.R. § 64.1200 and related Agency statements and case law.
NOTE: You may also want to review the requirements in those states in which you plan to do business and/or to which you plan to place calls. Many states prohibit calls to telephone numbers listed on the National Do Not Call Registry.

Answer 6

do not bother people.........if they want to give they will without you bothering them