There are three types of do not call lists. This is an oversimplification of telephone users’ rights under each of these type of do not call lists and includes big blue buttons to guide visitors to the relevant pages for a more thorough explanation.
The best known is the National Do Not Call List (“DNC List”) established by the FTC in 2003. The National DNC List protects residential cell phones and landlines which are included in the registry from receiving many types of telephone solicitations. Residential telephone users who receive at least two (2) calls which violate the National Do Not Call List from the same caller during a 365 day period have a right to sue the caller. Starting with the second call, the called party is entitled to receive up to $ 500 per call for nonwillful violations. Furthermore, the Court may award an additional amount of up to $ 1,000 per call if the violation is willful.
For information about the National Do Not Call List, click on the big blue button immediately below.
If a residential phone owner is receiving telephone solicitation calls from a company that he or she has an existing business relationship with and signed a writing which provided that he or she consented to receiving solicitation calls, the called party will need to request that the caller add his or her number(s) to the company’s do not call list. This will revoke any consent and the calls should stop. If the caller continues to call the called party to solicit business, then the called party has a right to sue for up to $ 1,500 per call.
For information about how to combat unwanted prerecorded telephone solicitations and making company specific do not call requests, click on the big blue button immediately below.
ARE YOU RECEIVING PRERECORDED TELEMARKETING CALLS ON YOUR PERSONAL PHONE?
Finally, twelve states still maintain do not call lists although most of these states also sweep the National Do Not Call List and add their residents to their state’s do not call list. Only six (6) states allow their residents to sue for violations of their state’s do not call lists. Of course, such residents could still bring a private lawsuit for the violations of their rights under the National Do Not Call List if their residential phone number was registered on the National Do Not Call List for at least 30 days before the consumer received the two calls which violated the do not call regulations.
For information about state do not call lists and the very limited rights that telephone users have under forty-four (44) states’ laws, click on the Big Blue Button :
If you landed on this page and want to learn more about your right to protect your cell phone (personal or business) from unwanted robocalls (regardless of the purpose of the call), click on the big blue button immediately below.
(C) 2017 – 2021 Donald E. Petersen
