FTC FACTS for Consumers

FOR THE CONSUMER 1-877-FTC-HELP

ftc.gov FEDERAL TRADE COMMISSION

T he Federal Trade Commission’s (FTC) Telemarketing Sales Rule (TSR) puts consumers in charge of the number of telemarketing calls they get at 

home. The TSR established the National Do Not Call Registry, which makes it easier 

and more efficient for consumers to reduce the number of unwanted telemarketing 

sales calls they get.

How can I put my number on the National Do Not Call Registry?

You may register online at donotcall.gov, provided you have a working email 

address, or by phone, by calling toll-free 1-888-382-1222 (TTY: 1-866-290-4236) 

from the number you wish to register. Registration is free.

You Make the Call: 

The FTC’s 

Telemarketing 

Sales Rule
Facts for Consumers 

What does registration entail?

If you register by phone, you must call from 

the number you want to register. If you 

register online, you must provide an email 

address for confirmation. The system will 

send you a confirmation email that you will 

have to open. Click on the link in it within 

72 hours for your online registration to be 

complete. You can expect fewer calls within 

31 days of the date you sign up for the 

registry. The only identifying information that 

will be provided to telemarketers and other 

companies accessing the registry will be the 

phone number you register.

How does the National Do Not Call 

Registry work?

The law requires telemarketers to search the 

registry every 31 days and avoid calling any 

phone numbers that are on the registry. If 

you receive telemarketing calls after you have 

registered your telephone number and it has 

been in the registry for 31 days, you can file a 

complaint at donotcall.gov or by calling tollfree 1-888-382-1222 (TTY: 1-866-290-4236). 

You will have to know the date of the call and 

the company’s name or phone number to file 

a do not call complaint. A telemarketer who 

disregards the National Do Not Call Registry 

could be fined up to $16,000 for each call.

Telephone numbers on the registry will only 

be removed when they are disconnected and 

reassigned, or when the consumer chooses to 

remove a number from the registry.

When did the National Do Not Call 

Registry take effect?

The FTC, the Federal Communications 

Commission (FCC) and the states began 

enforcing the National Do Not Call Registry 

on October 1, 2003. Consumers should notice 

a reduction in the number of telemarketing 

calls they get within 31 days after placing a 

number on the registry.

Does the National Do Not Call Registry 

cover all telemarketing calls?

Placing your number on the National Do Not 

Call Registry will stop most telemarketing 

calls, but not all. Calls from or on behalf of 

political organizations, charities and telephone 

surveyors are still permitted.

Organizations with which you have an 

established business relationship can call you 

for up to 18 months after your last purchase, 

payment or delivery — even if your number 

is on the National Do Not Call Registry. And 

companies to which you’ve made an inquiry 

or submitted an application can call you for 

three months. Therefore, carefully read any 

questionnaires or surveys you submit; they 

may be an attempt to establish a business 

relationship. Also be careful to read anything 

you sign, such as sweepstakes forms or 

requests for “free” products; they may be 

attempts to get your written permission.

If you place your number on the national 

registry, you still can give written permission 

for particular companies to call you. 

Alternately, if you have an established 

business relationship, you still can ask the 

company not to call you. The company must 

honor your request, regardless of any prior 

written permission. And if you don’t put your 

number on the national registry, you still can 

prohibit individual telemarketers from calling, 

by asking each to put you on their company’s 

do not call list. You should keep a record of 

the date you make the request.
Facts for Consumers

One more important point: Although callers 

soliciting charitable contributions do not have 

to search the national registry, a for-profit 

telemarketer calling on behalf of a charitable 

organization must honor your request not to 

receive calls on behalf of that charity.

Are there other protections against 

unwanted telemarketing calls?

The TSR prohibits deceptive and abusive 

telemarketing acts and practices and sets forth 

standards of conduct for telemarketing calls:

• Calling times are restricted to the 

hours between 8 a.m. and 

9 p.m.

• Telemarketers must 

promptly tell you 

the identity of the 

seller or charitable 

organization and that 

the call is a sales 

call or a charitable 

solicitation. 

• Telemarketers must 

disclose all material 

information about the 

goods or services they are 

offering and the terms of the sale. 

They are prohibited from lying about any 

terms of their offer.

In addition to creating the National Do 

Not Call Registry, the amended TSR: 

Restricts unauthorized billing.

Before submitting your billing information 

for payment, telemarketers must get your 

express informed consent to be 

charged — and to charge to a specific 

account. If a telemarketer has your account 

information before the call — known as 

“preacquired account telemarketing” — and 

offers you goods or services on a free trial 

basis before charging you automatically, the 

telemarketer must get your permission to 

use a particular account number, ask you to 

confirm your desire to approve a charge by 

giving the telemarketer at least the last four 

digits of the account number and, for your 

protection, create an audio recording of the 

entire phone transaction.

Reduces abandoned calls.

Telemarketers are required to connect 

their call to a sales representative 

within two seconds of the 

consumer’s greeting. This will 

reduce the number of “dead 

air” or hang-up calls you 

get from telemarketers. 

These calls result from the 

use of automatic dialing 

equipment that sometimes 

reaches more numbers 

than there are available sales 

representatives. In addition, 

when the telemarketer doesn’t 

have a representative standing 

by, a recorded message must play 

to let you know who’s calling and 

the number they’re calling from. The law 

prohibits a recorded sales pitch in a cold call. 

And to give you time to answer the phone, 

the telemarketer may not hang up on an 

unanswered call before 15 seconds or four 

rings.

Requires caller ID transmission.

Telemarketers must transmit their telephone 

number and, if possible, their name to your 

caller ID service. This protects your privacy, 

For more

information on the 

National Do Not Call 

Registry and the 

Telemarketing Sales Rule 

visit ftc.gov/donotcall.
Facts for Consumers

September 2009

Federal Trade Commission

Bureau of Consumer Protection

Division of Consumer and Business Education

increases accountability on the telemarketer’s 

part and helps in law enforcement efforts.

Reins in robocalling.

Most businesses need your written permission 

before they can call you with prerecorded 

telemarketing messages, or robocalls. In fact, 

a business has to make it clear it’s asking to 

call you with these kinds of messages, and 

it can’t require you to agree to the calls in 

order to get any goods or services. If you 

agree, you also have the right to change your 

mind. Businesses using robocalls have to 

tell you at the beginning of the message how 

you can stop future calls, and must provide 

an automated opt-out you can activate by 

voice or keypress throughout the call. If the 

message could be left on your voicemail or 

answering machine, businesses also have to 

provide a toll-free number at the beginning of 

the message that will connect to an automated 

opt-out system you can use any time. 

Some prerecorded messages still are permitted 

under these rules — for example, messages 

that are purely informational. That means 

you’ll still receive calls to let you know your 

flight’s been cancelled, reminders about an 

appointment or messages about a delayed 

school opening. But the business doing the 

calling still isn’t allowed to promote the sale 

of any goods or services. Political calls, 

calls from certain healthcare providers and 

messages from a business contacting you to 

collect a debt also are permitted. Prerecorded 

messages from banks, telephone carriers and 

charities also are exempt from these rules if 

the banks, carriers or charities make the calls 

themselves. Read New Rules for Robocalls at 

ftc.gov to learn more.

The FTC works to prevent fraudulent, 

deceptive and unfair business practices in 

the marketplace and to provide information 

to help consumers spot, stop and avoid 

them. The FTC manages the National Do 

Not Call Registry, which gives consumers 

a choice about getting telemarketing 

calls at home. To register a number, log 

on to donotcall.gov, or call toll-free, 

1-888-382-1222 (TTY: 1-866-290-4236).