Do Not Call List Violation Fine: Know the Consequences
What is the Do Not Call List?
In the United States, the Federal Trade Commission (FTC) implemented the National Do Not Call Registry to protect consumers from unwanted and harassing telemarketing calls. The registry, also known as the DNC List, allows consumers to register their phone numbers and prevent telemarketing calls from unwanted businesses or individuals.
Do Not Call List Violation Fine: What Constitutes a Violation?
To understand the fine for a Do Not Call List violation, it’s essential to know what constitutes a violation. Any telemarketer or business that calls a registered number without prior permission or without checking the registration status of the number prior to making the call commits a violation. Other types of violations include:
• Call center harassment: Telemarketing calls made by a group of people to a consumer’s phone, with little or no option to speak to a person or take the number off the call list.
• Insufficient disclosures: Telemarketers who fail to provide clear and concise disclosure of the nature of the call, including the reason for the call and whether the call is being made for a telemarketing purpose.
• Misrepresentations: Telemarketers who misrepresent the product or service being offered, including misleading or false statements about its benefits or risks.
• Unsololicited international calls: Calls made by telemarketers to consumer’s phone numbers registered on the DNC List, outside of the United States and its territories.
How Much is the Fine?
The Federal Trade Commission (FTC) assesses fines against telemarketers who violate the Do Not Call List provisions. The fine per violation can range from $500 to $40,000 per violation. In addition to the individual fine, telemarketers can also face additional penalties for each violating call, such as the cost of actual damages incurred by the consumer, interest, and civil penalties.
Who Enforces the Do Not Call List Violation Fine?
Enforcement of the Do Not Call List and fines is primarily the responsibility of the Federal Trade Commission (FTC). However, state attorneys general, consumer protection agencies, and local government agencies also have the power to enforce these provisions. In some cases, the FTC and state attorneys general may enter into enforcement agreements with telemarketers to prevent future violations.
What Actions Can Consumers Take?
Consumers who receive telemarketing calls without permission or from numbers with area codes other than those they have dialed can file complaints with the FTC. Additionally, consumers can register for the National Do Not Call Registry by visiting donotcall.gov or by calling 1-866-225-5224. Registered consumers must re-register every 31 days to keep their number on the list.
Table: Do Not Call List Violation Fine Structure
Telemarketer’s Previous Violations | Fine per Violation |
---|---|
None | $500 |
2-4 previous violations | $1,000 – $4,000 per violation |
5-9 previous violations | $5,000 – $40,000 per violation |
10 or more previous violations | $40,000 or more per violation |
Conclusion
Telemarketers who violate the National Do Not Call Registry will face fines for each call made to registered numbers. The fine structure, ranging from $500 to $40,000 or more per violation, depending on the number of previous violations, aims to dissuade businesses from harassing consumers with unwanted calls. Consumers can protect themselves by registering for the National Do Not Call Registry and filing complaints with the FTC if they receive violating calls.
Additional Resources
For more information on the Do Not Call List and Do Not Call List violation fines, visit:
- National Do Not Call Registry (donotcall.gov)
- Federal Trade Commission (ftc.gov)
- Federal Communications Commission (fcc.gov)