Telemarketers and sellers are now required to access the National Do-Not-Call Registry and purge newly registered numbers from their call lists every 31 days.  Previously, the Telemarketing Sales Rule only required telemarketers to update or “scrub” their lists quarterly.  For those engaged in any kind of telemarketing, monthly updates to the Do-Not-Call Registry are available online at https://telemarketing.donotcall.gov at no cost.

There is also a recent price increase for the purchase of additional area codes which took effect September 1, 2004.  Telemarketers are required to renew their subscriptions to the National Do-Not-Call-Registry annually at a fee of $40 per area code, with a maximum fee of $11,000 for any brokerage accessing 280 area codes or more.  Brokerages may, however, access up to five area codes of data for free.

For subscription renewal instructions and to request notification of the expiration of a registry subscription, visit the Federal Trade Commission’s Do-Not-Call Registry.

As you already know, new legislation was passed regarding Telemarketing and unfortunately, the new Federal Regulations override the Mass. Law that became effective April 1, 2003.  Sales solicitation calls are now regulated by the new federal rules, even when occurring inside state borders.

Effective October 7, 2003 telemarketing or "cold-calling" requires the federal "Do Not Call" list.

The list is available at the registry for telemarketers.  It's the telemarketer's responsibility to update their lists quarterly.  You can get the list for five local area codes free of charge.  You don't need to buy the Mass. Do Not Call list and don't confuse the two lists.  Fines can be up to $11,000 per call for calling someone on the federal list.

You can call an individual on the Do Not Call list if:

1)   you have written permission to call the consumer

2)   you have an established business relationship

Consumers may still be contacted by phone from companies they purchased a product or service from for up to 18 months after the purchase.

3)  If a consumer makes an inquiry, you can call the person for up to three months after the inquiry, unless the consumer requests that you do not call.

These rules only apply to residential telephone numbers.

Under the new rules, you can't call FSBO's:  It's prohibited to call a FSBO seller to attempt to obtain a listing, whose number is listed in the Do Not Call registry.  This also applies to Expired and Withdrawn listings.

For the latest info on telemarketing regs, go to NAR:   Do Not Call, Do Not Fax & Do Not Email

For the registry:   www.telemarketing.donotcall.gov