Do-not-call list in effect, in part, for now

WASHINGTON - The millions of people who signed up for the government's do-not-call list should get fewer sales pitches from telemarketers starting today, but for how long is anybody's guess.

A confusing legal fight has thrown the list into disarray, forcing federal officials to rework the system to handle complaints and enforce penalties.

For now, officials are directing those consumers who registered phone numbers on the list to send complaints to the Federal Communications Commission by visiting www.fcc.gov/cgb/complaints html or calling 1-888-225-5322.

FCC staff, who until recently had no plans to handle all do-not-call complaints, were scrambling to prepare. Outdated instructions for filing complaints related to the list were still on government phone messages and Web sites Tuesday afternoon.

"You've gone from an automated and highly efficient enforcement system to a manual one," FCC Chairman Michael Powell said. "It will be a little tougher, but it's not shut down."

The list contains more than 50-million phone numbers. Companies could face thousands of dollars in fines each time they call a registered number.

The Federal Trade Commission said Tuesday it is moving to stop accepting new numbers while a court fight with telemarketers seeking to stop the list plays out. Despite the legal wrangling, many of the largest telemarketers say they will abide by the list.

Consumers can expect a significant decrease in calls, "assuming telemarketers comply," said Federal Trade Commission Chairman Timothy Muris. The FTC was blocked from operating and enforcing the list last week by a federal judge who said the program violates the free speech rights of telemarketers. Muris said the legal fight could last into next year.

"This doesn't mean that consumers will be without protection," Muris said. "It will just be a more cumbersome and difficult system."

The list was intended to block about 80 percent of telemarketing calls. But recent legal challenges and the government's makeshift fixes to keep the list in business have left holes in the registry's protections.

The do-not-call list works by requiring telemarketers to pay for a copy of the list so they can know whom to avoid calling. Many telemarketers have the list, but some do not and cannot obtain it since the FTC shut down that aspect of the program on Sunday in response to the court rulings.

The FCC can only penalize those who have the list.

Powell said that while investigating complaints, the FCC would ask a telemarketing firm accused of a violation whether it had the list. "Lying to us is a dangerous thing," he said, noting that deceiving the agency could result in serious legal actions.

Some telemarketers say the legal confusion has their industry in turmoil, with many unsure about which numbers can and can't be called and what actions will result in penalties.

Late Monday, U.S. District Judge Edward W. Nottingham in Denver denied a request to suspend his decision blocking the FTC from running the list. On Tuesday, the FTC asked the Denver-based 10th U.S. Circuit Court of Appeals to suspend Nottingham's ruling that blocked the agency from operating the list. Government officials from 45 states, the District of Columbia and Puerto Rico filed a brief with the court supporting the FTC.

- Submit complaints to the Federal Communications Commission by sending e-mail to donotcall@fcc.gov visiting the Web site www.fcc.gov/cgb/ complaints.html or calling 1-888-225-5322.

- In complaints, provide your name, address and phone number and report as much information about the telemarketer call as possible, including the name and phone number of the business that called, the name of the caller and the date and time of the call.

- Consumers should report whether they were registered with the national do-not-call list or had asked a company to place them on its specific do-not-call list.

- The do-not-call list does not apply to all calls. Calls from charities and pollsters and on behalf of politicians are exempt. A company may call someone on the list if that person has bought, leased or rented anything from the business within the past 18 months, or if that person has inquired about or applied for something from the company during the past three months.

- Consumers may get calls from other businesses because of a confusing legal battle that has kept some telemarketers from getting copies of the do-not-call list. People should ask if the telemarketer has the list and make a note of it in case it's need for a complaint.

- The registry is scheduled to take effect Wednesday for people who signed up on or before Aug. 31, 2003. It is uncertain when the list will begin protecting phone numbers registered later.

- All people who receive calls can ask telemarketers to place them on a company-specific do-not-call list.

- Consumers can file complaints for violations of older telemarketing rules. Those rules ban calls before 8 a.m. and after 9 p.m. and calls from organizations that have been asked not to call or don't identify themselves. They also prohibit recorded commercial messages from companies you don't do business with or haven't given permission to call.

- Source: Federal Communications Commission.

© 2006 • All Rights Reserved • Tampa Bay Times 490 First Avenue South • St. Petersburg, FL 33701 • 727-893-8111 Contact the Times | Privacy Policy Standard of Accuracy | Terms, Conditions & Copyright