Called at 9:35pm local time and advised operator that we are on the national do not call registry for this phone numbe and out of compliance for solicitation after 9pm local time according to FCC regulations. The operator said they are not under the same regulations as they ae not trying to market or sell anything, that it was just "research for market behavior for mass media including radio, television and newspapers in our are." I asked to speak with a supervoisor who offered a toll free number to call to remove our mubner form their call list. I asked "Daniel" what time it was in the area he was calling from and he stated that he did not have a clock available on his telephone, sellphone, computer or even timeclock where he was calling from. He said he was calling from Texas, but call records indicate that it orginated from teh East Coast time zone. I advised that the call was being recorded, at which time Daniel hung up. I called back to teh number and received a message asking to call back another toll-free number to be removed from Scarbporough Resarch call list and was quoted Eastern Standard Time for hours of operation, I left a message to remove my phone number from their list and again advised that the message was also being recorded and quoted the following provision: " The Federal Trade Commission (FTC) has issued amendments to the Telemarketing Sales Rule (TSR) in 2003, 2008, and 2010. Like the original TSR issued in 1995, the amended Rule gives effect to the Telemarketing and Consumer Fraud and Abuse Prevention Act. This legislation gives the FTC and state attorneys general law enforcement tools to combat telemarketing fraud, gives consumers added privacy protections and defenses against unscrupulous telemarketers, and helps consumers tell the difference between fraudulent and legitimate telemarketing.
The Federal Communications Commission (FCC) enforces the Telephone Consumer Protection Act (TCPA), which also regulates telemarketing. The FCC recently amended its TCPA regulations, which touch on many of the topics covered by the TSR. For more information about the TCPA, contact the FCC at www.fcc.gov. The TSR and the TCPA regulations cover nearly all telemarketing with similar rules.
Many states also have laws regulating telemarketing. The FTC and the FCC are working with states to harmonize Do Not Call requirements at state and federal levels for a unified national system enabling “one-stop” service for consumers, as well as businesses seeking to comply with the requirements. For information about a particular state’s laws, contact the state attorney general’s office or another state consumer protection agency.
If your telemarketing campaigns involve any calls across state lines — whether you make outbound calls or receive calls in response to advertising — you may be subject to the TSR’s provisions. This guide describes the types of organizations and activities that are subject to the TSR and explains how to comply. It is the FTC staff ’s view of the law’s requirements and is not binding on the Commission.