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Who is exempt from obeying the "do not call" list?

I am on the national do not call list and also the Kansas do not call list. I keep getting calls from two different numbers. I keep telling them to stop but the calls still come. I have filed complaints on the do not call registry website. One company that keeps calling is called Datascension. Their website (http://www.datascension.com) says "Datascension is a market research company and is excluded from the "Do Not Call" list." Is this true? I thought that only charities, political organizations and companies that you have done business with in the last 2 years were exempt. Is this also true about market research companies?

Public Comments

  1. That "do not call list" doesn't seem very effective. I keep getting calls that are my "last chance" to fix my credit. Furtunately I have no credit problems but the calls just keep on coming.
  2. The next time they call, record the conversation (if you have a speaker phone, just put your cassette recorder near the phone, make sure you're both audible) - Warning, if you live in california, or the business is based in CA, you need express permission from them to allow you to record. Ask how they got your information - and if they can't provide it, tell them to take you off their call list. when they call again, tell them that you will file in Federal Court for violating your request to be not called again, and you can sue up to $11,000 per call if they continue. keep on reporting them to the Do Not Call site. They'll get marked in the database.
  3. From the website: "Placing your number on the National Do Not Call Registry will stop most telemarketing calls, but not all. Because of limitations in the jurisdiction of the FTC and FCC, calls from or on behalf of political organizations, charities, and telephone surveyors would still be permitted, as would calls from companies with which you have an existing business relationship, or those to whom you’ve provided express agreement in writing to receive their calls."
  4. First, an earlier answerer implies that YOU can sue for $11,000 where it is actually the FTC that can bring fines of $11,000 for violations of the DNC regs. On the other hand, 15 USC s. 6104 allows a private person to sue for "actual damages" up to $50,000 for violations of the DNC law, as well as an injunction. Good luck with that. Second, even if you are NOT registered on the DNC list, any repeated violation of your express wish to not be contacted by telephone, and any call made to a residence using a pre-recorded message (other than emergency) or for any non-exempt commercial purpose is a violation of the Telecommunications Consumer Privacy Act (of 1991). You may sue (in state court) for statutory damages ($500 for each call made within a year of asking them not to call, and attorney costs and court fees) for each call received after you asked to be removed from their calling list. If you show they did it intentionally, the court may triple your damage award. The caller would have the burden of proving they phoned you with an "exempt, commercial purpose" that did not include unsolicited advertising. You may file a complaint about TCPA violations with the FCC, not FTC. Third, as mentioned by others, there are many exceptions to the federal laws and regulations regarding unsolicited calls, so you have a bigger challenge in educating these unwanted callers about violating your rights, regardless of what they may think the DNC pertains to.
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