"Do Not Call Register"

James Leone that_isridiculous at yahoo.com
Thu May 3 09:17:57 CST 2007


Piers Rowan scribed:
> On the radio this morning was talk of legislation
> for a "Do Not Call
> Register" so that individuals would not receive
> unwanted calls, for
> example telesales calls.
> 
> I am vexed as to why this list of exempt bodies
> includes religious
> organisations? 

I can only speak from my experience in the United
States, as to how it operate here, the assumption
being that the aim of this Australian law would
operate in the same manner, which of course could be
incorrect assumption.

It appears that the same problem exists in the U.S. in
which charities are still allowed to solicit
contributions, and religious organizations are able to
inquire about your compliance with their version of
morality.

Here in the U.S., the same exemption exists, with the
following provisions as shown here and quoted below:
https://www.donotcall.gov/FAQ/FAQBusiness.aspx#ExemptOrg

James Leone

Exempt Organizations
What is an Exempt Organization?

See DEFINITIONS, for a definition of Exempt
Organization. 

In general, your organization is not required to
access the National Do Not Call Registry, and thus may
access as an Exempt Organization, if one or more of
the following is true: 

Your organization is not subject to either the Federal
Trade Commission’s or the Federal Communication
Commission’s jurisdiction. For example, a non-profit
charitable organization may be an Exempt Organization,
assuming, of course, that it is truly a non-profit.
Entities that have been granted tax exempt status
under the Internal Revenue Code are not necessarily
Exempt Organizations for purposes of the National Do
Not Call Registry. See, e.g., FTC v. National Consumer
Council, Inc., and FTC v. Debt Management Foundation
Services, Inc., at
http://www.ftc.gov/opa/2005/03/creditcouncel.htm

Your organization does not engage in any
"telemarketing" or “telephone solicitation”
activities, as defined by the FTC and FCC,
respectively. For example, survey calls and political
polling calls are not covered by the definition of
“telemarketing” or “telephone solicitations.” An
organization that places ONLY these types of calls may
be an Exempt Organization. 

Your organization qualifies for one or more of the
specific exemptions contained in the FTC's and FCC's
rules, such as: 

you only call to solicit charitable contributions; or 

you only call consumers with whom you have an
established business relationship; or 

you only call consumers from whom you have received
written permission to call; or 

you only make business-to-business calls.

If you are a for-profit telemarketer, you are NOT an
Exempt Organization, even if you call consumers on
behalf of an Exempt Organization, such as a
non-profit. See, e.g., National Federation of The
Blind v. FTC, 420 F.3d 331 (4th Cir. 2005).

Additionally, you must be accessing the National
Registry solely to prevent telephone calls to
telephone numbers on the National Registry.

Whether your organization is exempt is a decision that
requires an understanding of the FTC’s and FCC’s
requirements, as well as your specific business
practices. Therefore, whether you should subscribe as
an Exempt Organization is a decision you must make. In
making this decision, you may wish to consult with an
attorney.

If you are not an Exempt Organization and you have
nevertheless subscribed to the Registry as an Exempt
Organization, you may be subject to civil and/or
criminal penalties. If you subscribed as an Exempt
Organization by mistake, and wish to withdraw your
subscription, please contact the HELPDESK. 

You may wish to consider the following materials when
deciding whether to subscribe to the National Do Not
Call Registry as an Exempt Organization: 
The FTC Act at 15 U.S.C. §§ 41-58 and related case
law. 
The Communications Act at 47 U.S.C. §§ 151-757 and
related case law. 
The Telephone Consumer Protection Act (TCPA) at 47 USC
§227 and related case law. 
The Telemarketing and Consumer Fraud Abuse Prevention
Act at 15 U.S.C. §§ 6101-6108 and related case law. 
The Do Not Call Implementation Act at P.L.108-10, 117
Stat. 557, and related case law. 
The Telemarketing Sales Rule at 16 C.F.R. § 310 and
related Agency statements and case law. 
The FCC’s rules implementing the TCPA at 47 C.F.R. §
64.1200 and related Agency statements and case law. 
NOTE: You may also want to review the requirements in
those states in which you plan to do business and/or
to which you plan to place calls. Many states prohibit
calls to telephone numbers listed on the National Do
Not Call Registry.

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