Answer:
A consumer may be in an entity specific Do Not Call list or the national registry for this. Calling someone on one of these can result in an $11,000 fine, per violation. And while a business relationship or specific authorization overrides the national DNC list, it does not override the entity specific list.
I see no requirement that a telephone number be provided in the Telemarketing Sales Rules, during a conversation. I do find a section that simply indicates that the consumer may ask not to be called. You are not allowed to make it difficult for them to opt-out, requiring them to do more than you have done to contact them.
Section 310.4(b)(1)(iii)(A) of the amended TSR prohibits sellers and telemarketers from calling any person when “that person previously has stated that he or she does not wish to receive an outbound telephone call made by or on behalf of the seller whose goods or services are being offered, or made on behalf of the charitable organization for which a charitable contribution is being solicited.” This is the “entity-specific” Do Not Call provision.
The FCC regulations prohibit recorded messages from containing a sales pitch, but, like the TSR provision, require that the message state “only the name and telephone number of the business, entity, or individual on whose behalf the call was placed and that the call was for ‘telemarketing purposes.’” The recorded message must not contain a sales pitch. The number on the recorded message must be one to which a consumer can call to place an entity specific Do Not Call request.
First published on BankersOnline.com 11/07/05
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