Do Not Call List Legal Loopholes

Unfortunately the Do Not Call List has some exceptions and Loopholes that allow telemarketers to continue to call. Ultimately whether you can be tele marketed to or not comes down to federal and state legislation.

  • Not all states have implemented the Federal Trade and Commission (FTC) DNC List.
  • The FTC DNC list only applies to INTER-state calls, not INTRA-state (or calls that occur within the same state).
  • Only 30 or so states have telemarketing legislation to help prevent intrastate calls.

The following list includes those which are classified as exempt from state do not call lists.

  • Debt collectors
  • Insurance companies
  • Newspaper publishers
  • Government agencies
  • Businesses calling established customers or at the customer’s invitation. The FTC defines a business relationship as one where the consumer has purchased, leased, or rented products or services from the company in the past 18 months.
  • B2B or Businesses soliciting other businesses
  • Charities
  • Politicians
  • Nonprofit organizations
  • Companies with established business relationships with a consumer. A business relationship is defined by the FTC as one in which a consumer has purchased, leased or rented products or services from a company over the past 18 months.

So in a best case scenario, you participate in the FTC DNC list as well as your local state registry, and can still receive tele-marketing calls from those mentioned above. There are of course, many telemarketers who break the rules, which is why we have formed our site to help!

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