Do Not Call & Telemarketing FAQs For Consumers

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Frequently Asked Questions Do Not Call and Telemarketing FAQs For Consumers What is the definition of a telemarketing call? Why do I have to give my address when signing up for the list? When registering online, why am I asked for my email address? Can telemarketers use my personal information for other purposes? Will putting my name on the list stop all telemarketing calls? What types of telephone solicitations will I still receive after I register? Why are there exceptions to the list? I did not write down my confirmation number. How can I confirm that my phone number is registered? What if I receive a call after the 60th day? Can I pursue my own enforcement action? Who oversees the Do Not Call Lists? How is the Federal Communications Commission's National Do Not Call Registry different from the Texas "No Call Lists"? How do Telemarketers subscribe to the list? Does the law apply to calls made that use a text message or photo? Does the law apply to calls made by automatic or "predictive" dialers? Does the law apply to out-of-state telemarketers? What is a previous business relationship? May an out-of-state resident register for the Texas "No Call Lists"? Why is the PUCT using an out-of-state contractor to administer the list? What is the definition of a telemarketing call? A telemarketing call is defined as an unsolicited telephone call made to sell a consumer good or service, extend credit for a consumer good or service, or obtain information that may be used to solicit a sale of a consumer good or service. Why do I have to give my address when signing up for the list? The PUCT has implemented the provisions of the law that mandate customers give their name, address, and phone number to be included on the list. When registering online, why am I asked for my email address? Your email address allows us to send instant registration confirmation. In addition, you will receive any correspondence and notification when your registration is about to expire. At that time, you will have an opportunity to renew your registration. The PUCT or Gryphon Networks Corp. will not use your email address for any other purpose nor will it be provided to any third party. Can telemarketers use my personal information for other purposes? It is a violation of state law for telemarketers to use personal information for any reason other than to comply with the rules and regulations of the Texas "No Call Lists." Will putting my name on the list stop all telemarketing calls? No. The intent of the legislation is to stop unwanted telemarketing calls to customers from companies with whom the customer does not have an existing business relationship. Legislation passed by the 2007 Texas legislative session further defined a call to include the transmission of text, graphic, or imaging messages to a mobile telephone number. What types of telephone solicitations will I still receive after I register? While registering your residential, wireless, or business telephone number will reduce the number of telephone solicitations you receive, it will not eliminate them. Companies are still allowed to solicit to you over the telephone if: You have an established business relationship with them in the last 12 months They are a non-profit or charitable organization They are calling about a debt that you owe They are a state licensee (for example: insurance or real estate agents, etc.) and The call is not made by an automated telephone dialing system The solicitation requires a face-to-face presentation to complete the sales transaction and make payment The consumer has not informed the telemarketer that the consumer does not wish to receive telemarketing calls from the telemarketer Why are there exceptions to the list? The intent of the legislation is to stop unwanted telemarketing calls to customers from companies with whom the customer does not have an existing business relationship. I did not write down my confirmation number. How can I confirm that my phone number is registered? You may contact the Texas "No Call Lists" customer service toll-free at 1-888-309-0600. If you do have your confirmation number, you may confirm your registration online at www.texasnocall.com What if I receive a call after the 60th day? You may file a complaint alleging a violation with the Office of the Attorney General, the Better Business Bureau in your community, a small claims court, or the Public Utility Commission. Can I pursue my own enforcement action? You may bring a civil action based on a second or subsequent violation if: You have notified the telemarketer of the alleged violation and not later than the 30th day after the date of the call you file a complaint with the PUCT. The PUCT, or another state agency, fails to initiate an investigation against the telemarketer before the 121st day after the complaint is filed. Who oversees the Do Not Call Lists? The Federal Trade Commission oversees and enforces the National Do Not Call Registry. The Texas "No Call Lists" are overseen and enforced by the Public Utility Commission. How is the Federal Communications Commission's National Do Not Call Registry different from the Texas "No Call Lists"? The Texas "No Call Lists" are specifically for the residential, wireless, and business numbers of Texas residents and business owners. The National Do Not Call Registry is a nationwide list for residential and wireless numbers and is available to anyone. The FCC list applies to telemarketers calling from other states into Texas. The Texas "No Call Lists" apply to telemarketers both inside and outside of Texas. For more information about the FCC's National Do Not Call Registry, visit their website at https://www.donotcall.gov/. All lists are voluntary. How do Telemarketers subscribe to the list? Telephone solicitors subscribe to the Texas "No Call Lists" at www.texasnocall.com and can download the file of newly registered customers every quarter for a fee. '' Does the law apply to calls made that use a text message or photo? Yes. Legislation effective September 1, 2007 further defined a call to include the transmission of a text, graphic, or imagine message to a mobile telephone number. Does the law apply to calls made by automatic or "predictive" dialers? Yes. The Texas "No Call Lists" apply to telephone solicitation calls by any device, including automatic or predictive dialing devices. Does the law apply to out-of-state telemarketers? Yes. Any telemarketer calling Texas customers must comply with the law and obtain a copy of the Texas "No Call Lists." What is a previous business relationship? A previous business relationship is a relationship with any commercial entity within the last 12 months. For example, if you currently do business with a credit card company, the company may continue to call you for 12 months after the date of cancellation or throughout the life of your account. May an out-of-state resident register for the Texas "No Call Lists"? No. Only Texas residential, wireless, and business numbers may be included on the list. Why is the PUCT using an out-of-state contractor to administer the list? After issuing a Request for Proposals, as mandated by state law, the PUCT has contracted with Gryphon Networks Corp. to operate and maintain the Texas "No Call Lists" database. This company provided the stipulated service at the lowest cost to Texans.

Frequently Asked Questions

Do Not Call and Telemarketing FAQs For Consumers