Can I avoid purchasing the national do not call list by asking the clients we call if they are on the do not call list before continuing the conversation?

Can I avoid purchasing the national do not call list by asking the clients we call if they are on the do not call list before continuing the conversation?

Answer: Let’s start by saying very clearly that we are not lawyers and we do not provide legal opinions. The comments that we offer are not based on any legal qualifications and should not be considered as anything other than general feedback. Our ability to find information is limited to referencing documents published by the government or other sources.

Both the Federal Trade Commission (FTC) and the Federal Communication Commission regulate telemarketing practices. The FCC and FTC have jointly established a National Do-Not-Call Registry for consumers who wish to avoid unwanted telemarketing calls. Some states also have a separate do-not-call law and maintain their own No-Call List for consumers. While there are exceptions for certain businesses, the federal “No Call List” laws basically prohibit businesses from making unsolicited calls to consumers who have placed their numbers on the National Do-Not-Call List.

In our opinion, making unsolicited sales calls to local homeowners would be a violation of the law even if before making your sales pitch you ask the homeowner if they are registered on the National or State Do-Not-Call Lists. However, we recommend that you review Federal and State “No Call List” and other telemarketing laws with local legal counsel to confirm our opinion.

The sites below should help provide a better understanding of the Do Not Call portion of the Telemarketing Sales Rule, and we encourage you to review this information prior to your conversation with your lawyer.

National Do Not Call Registry Information for Businesses:

• Frequently Asked Questions: donotcall.gov

Telemarketing Sales Rule:

• Part 310 – Telemarketing Sales Rule: ftc.gov