As it had proposed last January,
the
FTC will establish a national do-not-call
list registry whereby consumers will be able to opt-out for free using a
toll-free number or the Web of outbound telemarketing calls from for-profit
companies. The FTC believes at least 60 million consumers will sign up with the
registry once it is established. The new rules will not be enforced for several
months until federal funds are appropriated. Under the rules, telemarketers
must pay fees to receive the FTC’s do-not call list. They then have to scrub
their own lists against the FTC’s list quarterly. In addition, the FTC will
continue to require companies to maintain and honor their own in-house DNC
lists. Calls made in violation of the new rules could cause companies to pay
fines as high as $11,000 per violation.
The final rule will be published
in the Federal Register, with an effective date of 60 days following the
publication. However the effective dates for different portions of the rule
vary—enforcement of the rule will not take place until Congressional funds are
received, estimated to be within four months. The DNC registry is still months
away.
For charities, the final rules
contain a disclosure mandate that charities and/or their for-profit solicitors
disclose truthfully, promptly and in a clear and conspicuous manner 1) The
identity of the organization on whose behalf the solicitation is made
2) That the purpose of the call is to solicit a charitable contribution.
Additionally, for-profit
solicitors of nonprofits will need to keep a company-specific “do-not-call”
list and cease calling potential donors if requested by the called party. If
they do not, they will be subjected to a fine of $11,000 per call
For more information, visit the
FTC
and
DMA
Nonprofit Federation Web sites.