Since 2003, numerous New Yorkers have registered their personal cell and/or home telephone numbers on the national Do Not Call Registry. As a result, the number of unwanted telemarketing sales calls they were receiving diminished considerably. This reference guide is designed to help consumers understand why they may still get some telemarketing sales calls, and what to do about it.
I Registered My Home Telephone And/Or Cell Phone On The Do Not Call Registry (DNC Registry) But I Still Get Calls.
Has it been 31 days since you registered those numbers on the DNC registry?
Telemarketers have 31 days after you register to remove your telephone number from their lists. You can verify your registration with the Federal Trade Commission (FTC) on www.donotcall.gov, or by calling 1-888-382-1222 from the telephone number you registered. Registration is permanent. To remove your number from the DNC Registry, call the FTC at 1-888-382-1222.
Is the phone number registered solely for your personal, i.e. non-business use?
Both New York State and the federal DNC law only cover consumer or personal telephone numbers. Under New York law, if you use your telephone for both business and personal use, telemarketers may continue to call the number.
Is the call from a survey/poll company?
Survey and poll companies are exempted under both federal and State law. You can request that the caller voluntarily put you on their Do Not Call list or call the New York State Department of State Division of Consumer Protection's toll free help line at 1-800-697-1220 and file a complaint. The Division will make the request on your behalf.
Is the call relating to a political campaign?
These types of calls are exempt under federal and State law. If you ask the campaign to stop calling you, the campaign may voluntarily comply.
Is the call related to a charity or other tax exempt organization?
Charities are exempt from the federal and State Do Not Call law. However, sometimes charities hire third parties to make solicitation calls on their behalf. In this case, under federal law, a consumer may ask not to receive any more calls from, or on behalf of that specific charity. If, after 30 days, a telemarketer calls on behalf of a charity, that charity may be fined up to $16,000.
Is the call from a debt collector?
Debt collectors are not making sales calls, and thus are not covered under the New York or federal Do Not Call law. However, if you are getting unwanted debt collection calls, there are ways to get the phone calls to stop. For more information, see the Division's Debt Collection Information Center.
Have you given the company (or its agent) express written permission to contact you?
If you give a company, or its agent, express written consent to contact you, the telemarketer can call you even though you are on the DNC Registry. For example, you can unknowingly give written consent by filling out a sweepstakes prize form at a home show or fair, or by indicating that you want more information about a new credit card. You should read all materials carefully so you know the terms of the agreement. To end these calls, tell the telemarketer to stop calling you. Telemarketers must then stop calling you. If the calls continue, please file a complaint online at www.donotcall.gov or by calling 1-888-382-1222.
Do you, or someone else who uses your phone number, have an Existing Business Relationship (EBR) with the company calling you?
Consumers often are not aware that if you, or someone in your household has 1) done business with a company within the past 18 months; 2) is currently a customer with the company; or, 3) has made an inquiry with the company in the past 3 months, they have an EBR with that company. A company or its telemarketers may continue to call the phone number of consumers with whom it has an EBR. However, consumers can stop the calls by simply telling the telemarketer or company that they do not want any more calls. The telemarketer must then comply.
NOTE: Consumers should note the date they told a company or its telemarketer to stop calling them, and if the calls continue, they should file a complaint with the FTC, either at www.donotcall.gov or 1-888-382-1222.