Businesses That Need to Comply with U.S. Wireless Do Not Call Laws
The U.S. Federal Communications Commission (FCC) has implemented the Telephone Consumer Protection Act of 1991 (TCPA) with adopted rules that prohibit telemarketing calls to devices where the called party is charged for the call. Known as "Wireless Do Not Call rules", these rules prohibit the initiation of telephone calls using automatic telephone dialing systems or an artificial or prerecorded voice to telephone numbers assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call. Violations can result in fines of up to $11,000 per incident. Calls made for emergency purposes or made with the prior express consent of the called party are excluded.
Before the introduction of wireless number portability in 2003, it was easy to identify which telephone numbers were assigned to wireless phones. But as end users began porting their residential, wireline telephone numbers to wireless devices, the usual methods of identifying wireless telephone numbers became ineffective. The rapid expansion in the number of mobile devices further complicates identification.
In response, the North American Portability Management LLC authorized Neustar to provide an Intermodal Ported TN Identification Service (a/k/a Wireless Do Not Call) that helps businesses avoid violations of the TCPA. This subscription service allows marketers to identify telephone numbers ported from wireline to wireless service providers, and vice-versa.
Learn more about the TCPA Compliance Service.
FAQs
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Am I reselling the Service if all I do is make calls on behalf of my customers?
Am I reselling the Service if all I do is make calls on behalf of my customers?
No. As a Direct Customer, you make calls on behalf of yourself and/or on behalf of your customers, so long as you do not sell, assign, lease, or otherwise disclose the data that comprises the service.
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Can I resell the service?
Can I resell the service?
The authority we received from the telecommunications industry to provide the service limits resellers to one level of resale. That is, a Reseller Customer may reseller to a Second Tier Customer, but he Second Tier Customer may not then resell the service (or any data from the service). If you qualify as a reseller, then you may request the creation of sub-accounts for your customers. Once the sub-account numbers are issued, you may assign them to your customers. Your customers may then log on to www.tcpacompliance.com to complete the registration process.
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How are different subscribers to the Service classified, and how many subscriptions are they required to purchase?
How are different subscribers to the Service classified, and how many subscriptions are they required to purchase?
There are three kinds of subscribers (listed below), each of which must sign the same agreement with Neustar. Different fees apply depending on subscriber status, and in one case Neustar charges no fee at all .
- Direct Customers. A customer purchasing the service directly from Neustar so that the customer may avoid engaging in conduct that violates the TCPA is considered a Direct Customer. Each Direct Customer purchases one subscription, and is assessed a US$1,400 fee.
- Reseller Customer. A customer that intends to resell the service to others so that such third parties may avoid engaging in conduct that violates the TCPA is considered a Reseller Customer. Each Reseller Customer purchases one subscription as a reseller, and may purchase additional subscriptions for each of its customers to whom it intends to resell the service. The subscription fees assessed to Reseller Customer are set forth below: US$1,400 for the Reseller Customer, and
- US$900 for each customer to whom the Reseller Customer intends to resell the service.
- Second Tier Customer. A customer of a Reseller Customer is considered a Second Tier Customer. Neustar does NOT assess a charge directly to the Second Tier Customer, but it does assess a fee to the Reseller Customer.
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How does my company register?
How does my company register?
You may register directly with Neustar for the Intermodal Ported Telephone Number Service. Alternatively, you should seek an authorized reseller of Neustar's data, who can assist you with TCPA compliance. Upon completion of the registration process, you will have chosen a user name and password and been assigned an account number. Your account number will be valid for a term of one (1) year, after which time you will need to reapply for the service.
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What will happen if my company does not comply with the TCPA?
What will happen if my company does not comply with the TCPA?
The FCC orders implementing the TCPA provide for, among other things, fines of $11,000 per violation of the TCPA.
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Who should subscribe to the Intermodal Ported Telephone Number Service?
Who should subscribe to the Intermodal Ported Telephone Number Service?
Anyone who desires to comply with the TCPA can register for the service.
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What is the Intermodal Ported Telephone Number Service?
What is the Intermodal Ported Telephone Number Service?
The Intermodal Ported Telephone Number Service consists of two (2) files containing lists of intermodal ports of telephone numbers, segregated between wireline-to-wireless ports and wireless-to-wireline ports. These files are updated on a daily basis. Neustar provides access to the service via a password-secured Web site. Neustar is the sole entity authorized by the North American Portability Management LLC to provide the Intermodal Ported Telephone Number Service.
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What is the Telephone Consumer Protection Act of 1991?
What is the Telephone Consumer Protection Act of 1991?
The United States Federal Communications Commission (FCC) has by order implementing the Telephone Consumer Protection Act of 1991 (the "TCPA") prohibiting the initiation of telephone calls (other than a call made for emergency purposes or made with the prior express consent of the called party) using automatic telephone dialing systems or an artificial or prerecorded voice to telephone numbers assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call.

