The Telemarketer Do-Not-Call List: A Brief History
Henry Lovett
January 24, 2008
Itīs hard to know when, exactly, family dinners became so hard to come by. Was the traditional hour of family togetherness over a home-cooked meal sabotaged by childrenīs activities, by long commutes, by late meetings or by convenience foods? Itīs hard to say, but most Americans would agree that meal times are precious opportunities to relax and talk to loved ones - which is precisely why telemarketers who call at that time are generally met with such hostility. Most people respond to a ringing telephone automatically, so to discover that it is an unsolicited sales call which has dragged you from the table, from a good conversation, or even from a favorite program, is pretty unpleasant. How on earth do telemarketers succeed at all? Clearly, though, direct marketing must enjoy some success, or the calls wouldnīt be made.
As the cost of long distance calling decreased and automated dialing technologies became more common, direct marketing calls to Americans increased dramatically in the new millennium. The frequency of calls and their timing during evening meal times led to a public demand to protect people from these disturbances.
In 1991 the Telephone Consumer Protection Act was passed and it empowered people to challenge the telemarketer with a series of questions. One was encouraged to ask the caller: Are you calling to sell me something? What is your full name? What is the company name? Do they have a Do Not Call list? Can you put me on that list? If the telemarketer declined to answer or answered "no" to any of the questions, they made themselves subject to a potential lawsuit. Although this was somewhat of a deterrent, it was inadequate. Thus, when the calls increased ten years later with the drop in long-distance calling costs, there was a public demand for improved legislation. In order to provide protection for consumers who were increasingly victimized by scam artists or harassed, congress and the FTC worked together to create the Do Not Call Registry. The Do Not Call Implementation Act was passed into law on March 11, 2003 by President George W Bush.
With the passing of this act, numerous lawsuits were filed in protest. Some expressed concern about limiting free speech while others defended the rights of companies to conduct business their own way. Despite the challenges, on February 17, 2004, the 10th Circuit Court of Appeals upheld the constitutionality of the Do Not Call Registry. Regardless of how direct marketing companies felt about the legislation initially, it is now clear that the registry has had a positive impact for both companies and consumers. Businesses have had to rethink their marketing strategies and creativity in the corporate world is always welcome. Consumers are now responsible for their own relationships with direct marketers and can protect their home life. Other nations are following our example and pursuing similar legislation. Americans can be proud of their leadership role in the Do Not Call Registry.
As the cost of long distance calling decreased and automated dialing technologies became more common, direct marketing calls to Americans increased dramatically in the new millennium. The frequency of calls and their timing during evening meal times led to a public demand to protect people from these disturbances.
In 1991 the Telephone Consumer Protection Act was passed and it empowered people to challenge the telemarketer with a series of questions. One was encouraged to ask the caller: Are you calling to sell me something? What is your full name? What is the company name? Do they have a Do Not Call list? Can you put me on that list? If the telemarketer declined to answer or answered "no" to any of the questions, they made themselves subject to a potential lawsuit. Although this was somewhat of a deterrent, it was inadequate. Thus, when the calls increased ten years later with the drop in long-distance calling costs, there was a public demand for improved legislation. In order to provide protection for consumers who were increasingly victimized by scam artists or harassed, congress and the FTC worked together to create the Do Not Call Registry. The Do Not Call Implementation Act was passed into law on March 11, 2003 by President George W Bush.
With the passing of this act, numerous lawsuits were filed in protest. Some expressed concern about limiting free speech while others defended the rights of companies to conduct business their own way. Despite the challenges, on February 17, 2004, the 10th Circuit Court of Appeals upheld the constitutionality of the Do Not Call Registry. Regardless of how direct marketing companies felt about the legislation initially, it is now clear that the registry has had a positive impact for both companies and consumers. Businesses have had to rethink their marketing strategies and creativity in the corporate world is always welcome. Consumers are now responsible for their own relationships with direct marketers and can protect their home life. Other nations are following our example and pursuing similar legislation. Americans can be proud of their leadership role in the Do Not Call Registry.
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