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Chapter 265 of the Acts of 2002, An Act Regulating Telemarketing Solicitation, created a "Do Not Call" registry within the Office of Consumer Affairs and Business Regulation. By signing up on the Do Not Call Registry, consumers can stop receiving certain prohibited telephone solicitations. Telephone solicitors and list brokers are also required to register with the Office of Consumer Affairs and Business Regulation, or its contracted entity, and to subscribe to receive the quarterly, updated list. Telemarketers and list brokers must remove from their calling lists the residential telephone numbers of consumers who have requested not to be called.
The Do No Call Registry is updated and provided to subscribing telemarketers on a quarterly basis (January 1, April 1, July 1, and October 1). Each updated list adds the names of any consumers who signed up since the last list was published. After each signup period, telemarketing solicitors have a few weeks to remove new numbers from their lists. When you sign up you will be given the effective date on which you can expect unsolicited sales calls to stop. Make a note of this date for future reference or check your status to be sure of the date the telemarketers received the list on which your number appears.
Information provided by consumers to sign up on the Do Not Call Registry is protected from general disclosure and inspection or for use for any other purpose. Telemarketers must use the list solely for the purpose of the Do Not Call program and the telemarketer must agree not to sell or otherwise transfer the list to any other person or entity.
There are a few reasons that you may still receive unsolicited calls.
1) The law exempts certain types of calls:
2) The call is a spoofed call or a scam call. These calls are often made by people looking to steal your identity or your money. They use technology to call thousands of numbers in minutes and operate illegally, ignoring state and federal laws. Phone companies have been trying to crack down on robocalls for the last several years, with some landline and cell phone operators offering spam blocking technology.
3) The business is not following the law. In this case, you may file a complaint with the Attorney General's office.
Telemarketers and list brokers, even those from out-of-state, must remove from their calling lists the residential telephone numbers of consumers who have requested not to be called.
The fastest and easiest format to receive the list is through an electronic download. Subscribers will receive a quarterly e-mail with the accompanying file. Subscribers may also request to receive the Do Not Call Registry by CD.
The Do Not Call Registry is updated quarterly and telephone solicitors and list brokers must remove the numbers of consumers on the Do Not Call Registry including new registrations from their call lists by the quarterly effective date (April 1, July 1, October 1, January 1). As soon as the solicitor or list broker registers for the list, they will receive the most current updated list. However, regardless of when a subscriber registers, the subscription ends December 31st of that year. Solicitors must renew their subscription annually to receive the list.
If a solicitor or list broker begins doing business and does not remove names from its calling lists, legal action may be taken.
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