Exceptions to Federal No-Call List

There is nothing more annoying than getting phone calls from telemarketers in the evenings when you are trying to relax or eat dinner. That’s why the government created the federal no-call registry. This so-called no-call list was created to allow people to opt out of receiving so many calls every evening, since telemarketing efforts had been getting out of hand. After has been receiving increasing numbers of complaints about unwanted and uninvited calls telemarketers, the Federal Communications Commission (FCC) wanted to make it easier for you to limit the number of companies allowed to call.

Unfortunately, the no-call list isn’t comprehensive protection against all unwanted calls. When you put your number on the federal do-not-call registry, you are only protected against certain unsolicited commercial or advertising calls. There are still the following exemptions to the federal no-call list:

• Calls on behalf of tax-exempt non-profit organizations,
• Survey takers,
• Political calls or calls on behalf of candidates and political organizations,
• Bill collectors,
• Calls from companies with whom you have an established relationship,
• Responses to specific commercial inquiries initiated by you,
• Calls with no commercial or advertising motivation, and
• Any call from an entity that you have given prior written permission.

Any company telemarketer that calls under other auspices after you have registered for the federal no-call registry can be subject to sanctions by the FCC and the Federal Trade Commission (FTC).

Ensuring Your Privacy Rights Under the Telephone Consumer Protection Act Are Respected

Under the Telephone Consumer Protection Act, you have the right to make a formal complaint if companies violate the national do-not-call list. The following violations entitle you to file a formal complaint.

• A telemarketer calls for a commercial purpose despite being asked not to.
• A telemarketer calls you before 8 AM or after 9 PM.
• You receive a message on an answering machine that does not include a phone number where you can sign up for their company specific do-not-call list.
• The specific telemarketing firm calling fails to identify itself.
• You get a robocall from someone that you did not have a pre-established relationship with or give permission to call.

Once you have made a formal complaint, the FTC and the FCC should take action against the offenders. The FTC has sued hundreds of companies for violating the no-call registry for over a billion dollars in judgments. Sometimes, though, a complaint does not get you the relief from harassing calls that you need. If you continue to receive repeated unwanted calls from a telemarketer after requesting that they stop, you can explore the possibility of filing a lawsuit in court.

You can receive damages for the harassment. If you have been a victim of repeat telemarketer harassment, contact consumer rights law firm, Luftman, Heck & Associates at (888) 726-3181 to discuss whether or not you have a case. Get a free consultation with our experienced Ohio consumer lawyers today to find out what actions you can take to get relief. You may even find you deserve compensation for the harassment you have suffered.