A national “do not call” registry?

Q. I heard about Michigan’s “do not call” list, but I understand there’s a similar national registry going into effect soon. How will this new law affect my business?

A. The Federal Trade Commission (FTC) is creating a national “do not call” registry as a new amendment to the Telemarketing Sales Rule (TSR). Consumers will be able to register online beginning on or around July 1. Registration by telephone will be available one week later for consumers in Michigan and other states east of the Mississippi.
In September, telemarketers and other sellers will have access to the registry by means of a dedicated and secure website. The new law requires sellers to “scrub” their lists against the national registry at least once every three months.

In October, the FTC will start to enforce the national “do not call” provisions. Violators may have to pay a fine of up to $11,000 per violation.

The FTC’s “do not call” registry will also be the Michigan “do not call” registry. When Michigan passed its law last December, it specified that if the federal government established a “do not call” list, the federal list would serve as Michigan’s list.

Using the federal list saves the state money by avoiding unnecessary duplication. In addition, customers benefit by being protected against both intrastate and interstate telephone solicitations with just one registration. The TSR covers only telemarketing across state lines, while Michigan laws also cover any telemarketing that is confined within the state’s borders.

A telemarketer or seller may, however, call a consumer with whom it has an established business relationship for up to 18 months after the consumer’s last purchase, delivery, or payment—even if the consumer’s number is on the national “do not call” registry.

In addition, a company may call a consumer for up to three months after the consumer makes an inquiry or submits an application to the company. And if a consumer has given a company written permission, the company may call the consumer even if the consumer’s number is on the national “do not call” registry.

One caveat: if a consumer asks a company not to call, the company may not call, even if there is an established business relationship. Companies must still keep their own "do not call" lists—the national registry does not affect that law.

Information about the federal “do not call” registry is available at www.ftc.gov/donotcall. Information about Michigan’s implementation of these laws is available at http://www.michigan.gov/mpsc.

Do you have a retailing question? Ask Michigan Retailers in writing:
by mail: 603 South Washington
Avenue, Lansing, MI 48933;
by fax: 517.372.1303;
by e-mail: tscott2@retailers.com.