Federal Trade Commission Q Bureau of Consumer Protection Q Office of Consumer and Business Education

FTC Business Alert

Compliance on the Line:

Telemarketers to Start Transmitting

Caller ID Information

Beginning January 29, 2004, telemarketers must transmit Caller ID information in order to comply

with the Telemarketing Sales Rule (TSR). This information will help consumers choose which sales

calls they want to take.

The Federal Trade Commission (FTC), the nation’s consumer protection agency, amended the TSR

by creating the National Do Not Call Registry. The registry protects consumers’ privacy by giving

them a choice about whether they want to receive most telemarketing calls.

Telemarketers are required to transmit their telephone number, and if possible, their name, to

consumers’ Caller ID services. While it is technologically possible to transmit callers’ numbers nearly

everywhere, transmitting callers’ names may not be available everywhere yet.

To comply with this requirement, a telemarketer may:

• transmit its own number and, where available, its own name, to consumers’ Caller ID services,

or

• substitute the name of the seller (or charitable organization) on whose behalf it is calling, and

the seller’s (or charitable organization’s) customer (or donor) service telephone number, which

is answered during regular business hours.

The FTC acknowledges that some situations may arise when a consumer who subscribes to a Caller

ID service does not receive a telemarketer’s transmission of Caller ID information, even though the

telemarketer has arranged to transmit the information in every call. For example, that can happen if the

Caller ID information is dropped somewhere between the telemarketer’s call center and the consumer’s

telephone.

The FTC says that telemarketers who can show that they took all available steps to ensure the

transmission of Caller ID information in every call will not be held liable for isolated instances when

the Caller ID information fails to make it to the consumer’s receiver. However, a telemarketer’s use of

calling equipment that can’t transmit Caller ID information is no excuse for failure to transmit the

required information.

According to the FTC, information transmitted through Caller ID can facilitate the filing of complaints if consumers suspect a caller is violating the National Do Not Call Registry. A consumer whose

number has been on the Registry for at least three months must know the date of the call, and either

the name or the telephone number of the company that called. Consumers who have signed up for the

National Do Not Call Registry can file a do not call complaint at www.donotcall.gov or by phone at

1-888-382-1222.
Information about the Federal Communications Commission’s telemarketing regulations under the

Telephone Consumer Protection Act, including provisions governing the transmission of Caller ID (47

C.F.R. § 64.1200), is available at www.fcc.gov.

The National Small Business Ombudsman and 10 Regional Fairness Boards collect comments from

small businesses about federal compliance and enforcement activities. Each year, the Ombudsman

evaluates the conduct of these activities and rates each agency’s responsiveness to small businesses.

Small businesses can comment to the Ombudsman without fear of reprisal. To comment, call toll-free

1-888-REGFAIR (1-888-734-3247) or go to www.sba.gov/ombudsman.

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in

the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a

complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-

FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity

theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to

hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

January 2004

FEDERAL TRADE COMMISSION FOR THE CONSUMER

WWW.FTC.GOV TOLL-FREE 1-877-FTC-HELP