You're on the Do Not Call List. They Called Anyway. Now What?

You registered your number on the National Do Not Call Registry years ago. It worked for a while. Then the telemarketing calls came back. Most people assume the registry is just a suggestion that companies are free to ignore. It isn't.

What the Registry Is

The National Do Not Call Registry is maintained by the Federal Trade Commission and has been in operation since 2003. Registration is free at donotcall.gov, and it does not expire. Both landline and cell phone numbers can be registered.

Two federal agencies enforce rules connected to the registry. The FTC's Telemarketing Sales Rule, at 16 C.F.R. Part 310, applies to most telemarketers. The FCC's rules under the Telephone Consumer Protection Act, at 47 C.F.R. § 64.1200(c), apply as well. For consumers looking to bring their own claim, the FCC's rules and the TCPA are usually what matter.

What the Rule Prohibits

Under 47 C.F.R. § 64.1200(c)(2), no person may initiate a telephone solicitation to a residential telephone subscriber who has registered their number on the national registry. A "telephone solicitation" is essentially a call made to encourage a purchase of property, goods, or services. Registration takes effect 31 days after you sign up.

This rule is separate from the TCPA's robocall provisions. It does not matter whether the call was made by a machine or dialed by a live person. If it is a telemarketing call to a registered number, and no exception applies, it is prohibited.

The Exceptions

The rule has several carve-outs, and telemarketers know them well:

• Prior express consent. If you gave the caller written permission to call you, the registry doesn't block them. See 47 C.F.R. § 64.1200(c)(2)(ii).
• Established business relationship. A company you have purchased from within the last eighteen months, or made an inquiry to within the last three months, may call you even if you are registered. See 47 C.F.R. § 64.1200(f)(5). Telling the company you don't want calls ends this exception.
• Non-commercial calls. Calls from charities, political campaigns, and survey organizations that aren't selling anything generally aren't "telephone solicitations."
• Personal relationships. Someone you actually know calling you is not telemarketing.

Scam callers, of course, ignore all of this. But the exceptions matter when you are deciding whether a legitimate-seeming business had any right to call you.

Your Right to Sue

This is what separates the registry from a mere wish list. Under 47 U.S.C. § 227(c)(5), a person who has received more than one telephone call within any twelve-month period by or on behalf of the same entity in violation of the do-not-call regulations may bring an action to recover up to $500 for each such violation. If the court finds the defendant willfully or knowingly violated the regulations, it may increase the award to as much as three times that amount.

Two details in that language matter. First, you need more than one call in a twelve-month period from the same source before the private right of action kicks in. One call is a rule violation, but it doesn't yet give you a claim. Second, the statute gives the defendant an affirmative defense if it can show it has established and follows reasonable practices to comply with the do-not-call rules. Sloppy compliance programs frequently fail that test.

Company-Specific Do-Not-Call Lists

Separately from the national registry, the FCC's rules at 47 C.F.R. § 64.1200(d) require every company that makes telemarketing calls to maintain its own internal do-not-call list and to honor requests to be placed on it. If you tell a specific company to stop calling, it must record that request and stop, regardless of whether you are on the national registry. Continuing to call after you've asked them not to is a violation of these rules as well.

What to Do

• Confirm your registration. You can verify at donotcall.gov. If you aren't registered, register now — it strengthens any future claim.
• Keep a call log. Date, time, the number that called, and what the caller said. Screenshots of your phone's call history work well.
• Ask for the company's name and tell them to stop. Note the date you did so. This triggers their internal do-not-call obligation.
• Save voicemails. A recorded message that identifies the company is strong evidence.
• File a complaint. You can report violations to the FTC at donotcall.gov and to the FCC. These complaints help enforcement and create a paper trail, though they are not a substitute for a private claim.

The Bottom Line

The Do Not Call Registry is enforceable, and the law gives you a way to enforce it yourself. If a company has called you more than once in a year after you registered, and none of the exceptions apply, you may have a claim worth pursuing. Keep records, and talk to a lawyer if the calls continue.