Claimed Violations of the Do Not Call Rule

Recent correspondence to many financial institutions from a consumer has asserted violations of three subsections of Section 64.1200 of the FCC's Do Not Call Rule (47 CFR 64.1200) and has promised litigation will result if a settlement is not reached. The claimed violations all can be found in the following text excerpted directly from the Code of Federal Regulations (CFR).

Title 47: Telecommunication
Chapter I: Federal Communication Commission
Part 64: Misc. Rules Relating to Common Carriers
Sec. 64.1200 Delivery restrictions.


47 CFR 64.1200(d)

No person or entity shall initiate any call for telemarketing purposes to a residential telephone subscriber unless such person or entity has instituted procedures for maintaining a list of persons who request not to receive telemarketing calls made by or on behalf of that person or entity. The procedures instituted must meet the following minimum standards:

47 CFR 64.1200(d)(1)
Written policy.
Persons or entities making calls for telemarketing purposes must have a written policy, available upon demand, for maintaining a do-not-call list.

47 CFR 64.1200(d)(2)
Training of personnel engaged in telemarketing.
Personnel engaged in any aspect of telemarketing must be informed and trained in the existence and use of the do-not-call list.

47 CFR 64.1200(d)(3)
Recording, disclosure of do-not-call requests.
If a person or entity making a call for telemarketing purposes (or on whose behalf such a call is made) receives a request from a residential telephone subscriber not to receive calls from that person or entity, the person or entity must record the request and place the subscriber's name, if provided, and telephone number on the do-not-call list at the time the request is made. Persons or entities making calls for telemarketing purposes (or on whose behalf such calls are made) must honor a residential subscriber's do-not-call request within a reasonable time from the date such request is made. This period may not exceed thirty days from the date of such request. If such requests are recorded or maintained by a party other than the person or entity on whose behalf the telemarketing call is made, the person or entity on whose behalf the telemarketing call is made will be liable for any failures to honor the do-not-call request. A person or entity making a call for telemarketing purposes must obtain a consumer's prior express permission to share or forward the consumer's request not to be called to a party other than the person or entity on whose behalf a telemarketing call is made or an affiliated entity.