The National Do Not Call Registry
The National Do Not Call Registry was created in 2003 to offer consumers a choice regarding telemarketing calls. The registry is managed by the Federal Trade Commission (FTC), the nation’s consumer protection agency. It is enforced by the FTC, the Federal Communications Commission (FCC), and state officials.
The do not call provisions cover any plan, program or campaign to sell goods or services through interstate phone calls. This includes calls by telemarketers who solicit consumers, often on behalf of third party sellers. It also includes sellers who provide, offer to provide, or arrange to provide goods or services to consumers in return for some type of payment as part of a telemarketing transaction.
The National Do Not Call Registry covers intrastate telemarketing calls under the FCC’s rules. The do not call provisions do not cover calls from political organizations, charities, telephone surveyors, or companies with which a consumer has an existing business relationship.
The area codes in the National Do Not Call Registry cover the 50 states, the District of Columbia, Puerto Rico, U.S. Virgin Islands, Guam, North Mariana Islands, American Samoa, and toll-free numbers (500, 800, 866, 877, 880, 881, 882, and 888).
Access to the national registry is limited to sellers, telemarketers and other service providers. Sellers are companies that provide, offer to provide, or arrange for others to provide goods or services to a customer in return for some type of payment as part of a telemarketing transaction. Telemarketers are companies that make telephone calls to consumers on behalf of sellers. Service providers are companies that offer services to sellers engaged in telemarketing transactions, such as providing lists of telephone numbers to call, or removing telephone numbers from the sellers’ lists.
The registry can be accessed only through the fully automated and secure website at telemarketing.donotcall.gov. The first time you access the registry, you must set up a profile and provide identifying information about you and your organization. If you are a telemarketer or service provider accessing the registry on behalf of your seller-clients, you will be required to identify your seller-clients and provide their unique Subscription Account Numbers (SANs). The only consumer information available from the registry is telephone numbers. After you (or the company telemarketing on your behalf) have accessed the registry and downloaded telephone numbers the first time, you’ll have the option of downloading only changes in the data that have occurred since the last time you accessed the registry.
The first time you access the system, you will be asked to create a profile and provide certain limited identifying information, such as your company name and address, contact person, and the contact person’s telephone number and email address. If you are accessing the registry on behalf of a seller-client, you also will have to identify that seller-client.
If you are required to use the registry, you have to synchronize your lists with an updated version of the registry at least every 31 days.
An Employer Identification Number (EIN) is a number assigned by the Internal Revenue Service to companies and organizations. You are required to enter your organization’s EIN to create a profile, unless you are the sole owner or proprietor of the company or organization. An EIN has the format nn-nnnnnnn.
Organizations who wish to create a profile on the registry are required to obtain an EIN from the Internal Revenue Service (IRS). The National Do Not Call Registry does not provide EINs. Before registering on the National Do Not Call Registry, a company located outside the US must first contact the IRS to obtain an EIN.
International applicants can contact the IRS to apply for their EIN by calling (267) 941-1099 (Not a toll-free number), or they can apply online.
After your organization has obtained an EIN from the IRS, you can create a new profile by using the REGISTER NEW USERS button.
If you do not have an Employer Identification Number (EIN) because you are the organization’s sole owner or proprietor, then you must enter your Social Security Number to create a profile. The SSN has the format nnn-nn-nnnn.
You must subscribe to area codes in order to have a Subscription Account Number (SAN) issued to your organization, or before you can download any data from the National Do Not Call Registry.
How do I subscribe to area codes for the first time?
- From https://telemarketing.donotcall.gov, click LOG IN CURRENT USERS and log in as the Authorized Representative.
- Click the GREEN button for CREATE NEW SUBSCRIPTION. (The GREEN button always takes you to Subscription Information).
- Click SUBSCRIBE TO AREA CODES OR ADD AREA CODES TO YOUR CURRENT SUBSCRIPTION.
- Under SUBSCRIBE TO AREA CODES on the bottom right side of the page, choose one of the following options:
- Select ALL AREA CODES IN THE US to order every available area code and click SUBMIT.
- Select ALL AREA CODES WITHIN A STATE to order all of the area codes in one or more states and click SUBMIT. A list of states, territories, and Toll-Free numbers will appear. Select the appropriate check box(es). Then click CONTINUE (or CANCEL to return to the previous page).
- Select AREA CODES BY AREA CODE NUMBER to order individual area codes from one or more states and click SUBMIT. USE THIS OPTION TO SUBSCRIBE TO FIVE OR FEWER AREA CODES OR TO SELECT INDIVIDUAL AREA CODES. A list of individual area codes will appear. The area codes are sorted by area code number lowest to highest, left to right across the page. To group them by state, click SORT BY STATE. To return to the original sort click SORT BY AREA CODE. If you selected some area codes, but want to start over, click CLEAR SELECTIONS. Click on the applicable check box(es) for the area codes you want in your subscription. When complete click CONTINUE (or CANCEL to return to the previous page).
- The confirmation page will appear. If you are satisfied with your selection, click CONTINUE to submit your order (or CHANGE to return to the previous page).
- If you ordered five or fewer area codes it will take up to one business day to process your order. Your SAN will not be issued until your subscription finishes processing, and you won’t be able to download phone numbers or add area codes to your current subscription until then. You can check the progress of your subscription by going to MANAGE/RENEW SUBSCRIPTIONS then CHECK STATUS (click SUBMIT for the CURRENT time frame). The PAYMENT STATUS will display as INPROCESS until processing has finished. If successful, the PAYMENT STATUS will change to COMPLETED.
- Once your subscription to five or fewer area codes finishes processing, your Subscription Account Number (SAN) will be issued, you will be able to download files, and the SUBSCRIBE TO AREA CODES OR ADD AREA CODES TO YOUR CURRENT SUBSCRIPTION link will be enabled. YOUR SAN WILL NOT BE SENT TO YOU BY EMAIL. To find your new SAN log into the registry and then click the MANAGE/RENEW SUBSCRIPTIONS button (the GREEN button) then either CHECK STATUS or VIEW AREA CODES.
- If you pay by Direct Debit/Electronic Funds Transfer there will be a waiting period of 3 to 5 full business days to allow the payment to clear before your SAN will be issued and you can begin downloading phone numbers.
- If you pay by credit card, your SAN will be issued and you will be able to download as soon as the transaction is approved, which may occur during that same session (under normal conditions the transaction approval is immediate).
- If a fee is due, click CONTINUE at the bottom of the page to be transferred to Pay.gov for payment. Follow the prompts to make your payment on that site. When your payment has completed, you will be transferred back to the National Do Not Call Registry Telemarketer web site.
Your subscription will expire twelve months after your Subscription Start Date (which is the first day of the month in which your current subscription becomes active). Visit the Manage/Renew Subscriptions page to see your Subscription Expiration Date.
Organizations are notified of their expiration dates by email one month before their subscription will expire. An organization may renew its subscription no earlier than 30 days before its subscription expires. Subscriptions can also be renewed after they have expired. A new 12-month subscription period will run from the first day of the month in which an organization renews, or, if the organization renews during the month before its expiration, a new 12-month subscription will run from the first day of the next month – starting immediately after the old subscription ends.
Data for up to five area codes is free. Beginning October 1, 2018, the annual fee will be $63 per area code of data (after five) up to a maximum annual fee of $17,406.
The fee must be paid annually. Payment of the fee provides access to the data for an “annual period,” which is defined as the twelve months following the first day of the month in which the seller paid the fee. For example, a seller who paid its annual fee on September 15, 2015, has an “annual period” that runs from September 1, 2015 through August 31, 2016.
Organizations that subscribe to more than five area codes will be required to pay a fee to access data on the registry, except for Exempt Organizations (who pay no fees). The fee is based on the number of area codes that the organization subscribes to. Fees must be paid online to Pay.gov during the subscription or renewal process. Pay.gov accepts Credit Cards (Visa, MasterCard, American Express, and Discover) and ACH payments.
The recipient in an ACH Transaction is:
Federal Trade Commission (FTC)
600 Pennsylvania Ave NW
Washington DC 20580
Pay.gov does not accept Carte Blanche, wire transfers, cashier’s checks, or traveler’s checks.
After payment is processed, you will be given a unique Subscription Account Number (SAN) and permitted access to the appropriate portions of the registry. You will now be able to download phone numbers from the registry. For more information on downloading see the DOWNLOADING PHONE NUMBERS section of this FAQ that starts at Question 48 below.
Your first order of 5 or fewer area codes will take up to 3 business days to process. Once your order has finished processing you will be able to download files (or use the INTERACTIVE PHONE NUMBER SEARCH), your Subscription Account Number (SAN) will be issued to you, and the SUBSCRIBE TO AREA CODES OR ADD AREA CODES TO YOUR CURRENT SUBSCRIPTION link will be enabled. You will be able to find your Subscription Account Number (SAN) in two places on the registry, by going to MANAGE/RENEW SUBSCRIPTIONS then either CHECK STATUS or VIEW AREA CODES. Note: YOUR SAN WILL NOT BE SENT TO YOU BY EMAIL.
ADDITIONAL NOTE: If you are a Telemarketer/Service Provider downloading on behalf of clients you will be required to certify your compliance with the Telemarketing Sales Rule (TSR) each time you download.
A Full List Download is a download that contains all the registered telephone numbers within the area codes that are part of your organization’s subscription. Downloads of multiple area codes or states have to be done by file. Each area code or state list is a discrete file. A download of the entire National Registry is one discrete file.
A Change List Download is a download that contains telephone numbers added to or deleted from the National Registry since the last time your organization downloaded its subscription. You will be notified by email when the Change List download is ready, which may take up to 24 hours.
NOTE: It is recommended that you complete a Full List Download of your subscription at least once every six months to ensure that your lists are accurately synchronized).
The Interactive Phone Number Search allows you to enter an area code and up to 10 telephone numbers in that area code. For each telephone number entered, the system displays whether the number is Registered or Not Registered.
A company that is a seller or telemarketer could be liable for placing any telemarketing calls (even to numbers NOT on the registry) unless the seller has accessed the registry and paid any required fees. Violators may be subject to fines of up to $41,484 per violation. Each call may be considered a separate violation.
It’s against the law to call (or cause a telemarketer to call) any number on the registry (unless the seller has an established business relationship with the consumer whose number is being called, or the consumer has given written agreement to be called). But it’s also against the law for a seller to call (or cause a telemarketer to call) any person whose number is within a given area code unless the seller first has subscribed to and accessed the portion of the registry that includes numbers within that area code, and paid the annual fee, if required.
In addition, it’s against the law for a telemarketer, calling on behalf of a seller, to call any person whose number is within a given area code unless the seller has first subscribed to and accessed the portion of the registry that includes numbers within that area code, and paid the annual fee, if required. Telemarketers must make sure that their seller-clients have paid for access to the registry before placing any telemarketing calls on their behalf.
The best source for more information is our comprehensive guide Complying with the Telemarketing Sales Rule.
It’s important that sellers and others involved in telemarketing recognize that both the FTC and the FCC regulate telemarketing practices. Those involved in telemarketing should review regulations put in place by both agencies. The FCC’s regulations may be found at https://www.law.cornell.edu/cfr/text/47/64.1200.