National Do-Not-Call Registry
The National Do-Not-Call Registry is a national database of telephone numbers that telemarketers are prohibited from calling. Its primary purpose is to protect consumers from unwanted telemarketing calls by allowing them to register their phone numbers to limit the telemarketing calls they receive.
Authority and Implementation
The registry was established under the authority of the Mortgage Loan Originator (MLO).
The Federal Trade Commission (FTC) is authorized to implement and enforce the National Do-Not-Call Registry (15 U.S.C. § 6151(a)). The do-not-call registry provision of the Telemarketing Sales Rule (TSR) (16 C.F.R. 310.4(b)(1)(iii)) is formally ratified by federal law (15 U.S.C. § 6151(b)).
The Federal Communications Commission (FCC), in consultation with the FTC, is also required to issue do-not-call regulations under the Telephone Consumer Protection Act (TCPA) to ensure consistency with the FTC's rules (15 U.S.C. § 6153). The TCPA provides the statutory basis for the FCC's role in regulating telemarketing practices, including those related to the registry.
Compliance and Enforcement
For Mortgage Loan Originator (MLO)s (MLOs) and mortgage companies, compliance with the National Do-Not-Call Registry is mandatory when engaging in telemarketing activities. Failure to comply can result in significant penalties and is considered a deceptive practice, potentially related to Mortgage Loan Fraud and Misrepresentation.
The FTC, in consultation with the FCC, must submit biennial reports to Congress on the registry's effectiveness. These reports include consumer numbers, fees collected, and the impact of various factors like new technology and exceptions (15 U.S.C. § 6154).
Key Provisions
Registration and Removal
Telephone numbers registered on the National Do-Not-Call Registry do not automatically expire or get removed, ensuring long-term consumer protection from unwanted telemarketing calls (15 U.S.C. § 6155(a)).
Numbers are removed from the registry only under specific circumstances:
- Individual Request: Upon the request of the individual to whom the telephone number is assigned (15 U.S.C. § 6155(a)).
- Invalid, Disconnected, or Reassigned Numbers: The FTC periodically checks registered telephone numbers against national or other appropriate databases. Numbers identified as disconnected and reassigned are removed. The FTC is also permitted to remove invalid telephone numbers at any time (15 U.S.C. § 6155(b)).
Fees for Access
The FTC is mandated to assess and collect annual fees from persons who access the National Do-Not-Call Registry (15 U.S.C. § 6152(a)). These fees are used to implement and enforce the registry.
Fee Structure
The annual fee is the lesser of:
- $54 for each area code of data accessed from the registry.
- $14,850 for access to every area code of data contained in the registry (15 U.S.C. § 6152(b)(1)).
Exceptions
No fee is charged to any person:
- For accessing the first 5 area codes of data.
- If the person is permitted to access, but not required to access, the registry under the Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii)(B)), 47 C.F.R. 64.1200, or any other federal regulation or law (15 U.S.C. § 6152(b)(2)).
Additional Fees
Additional fees apply for accessing more area codes during a person's annual period:
- $54 for access requested during the first 6 months of the annual period.
- $27 for access requested after the first 6 months of the annual period (15 U.S.C. § 6152(c)).
Fee Adjustments
Fees are adjusted annually for fiscal years after 2009 based on the Consumer Price Index (CPI) for all urban consumers, as published by the Department of Labor. Adjustments are rounded to the nearest dollar and are not made if the CPI change is less than 1 percent. The FTC publishes these adjustments in the Federal Register by September 1 each year (15 U.S.C. § 6152(d)).
Prohibition Against Fee Sharing
No person may enter into or participate in an arrangement to share any fee required by these provisions, including arrangements to divide costs among clients of a telemarketer or service provider (15 U.S.C. § 6152(e)). The TSR also prohibits such arrangements (16 C.F.R. 310.8(c)).
Exceptions to Prohibitions
Certain calls are exempt from the registry's prohibitions, even if the number is listed. A significant exception is the Established Business Relationship Exception, which allows telemarketers to call consumers whose telephone numbers are on the registry if there is an existing business relationship between the telemarketer and the consumer.
The FTC, in consultation with the FCC, is required to report to Congress on the impact of this exception on businesses and consumers (15 U.S.C. § 6154(a)(4)). This reporting helps assess how the exception affects consumer protection and the overall efficacy of the registry.
Source material
- USCODE 2011 title15 chap87A.htm
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