On August 27, 2024, the Federal Trade Commission (FTC) announced amendments to the Telemarketing Sales Rule (TSR) that will update the fees telemarketers must pay to access the National Do Not Call (DNC) Registry. These changes, effective October 1, 2024, are mandated by the and reflect adjustments based on recent inflation metrics.

Details of the Fee Adjustments

Under the new rule:

• Annual Fee for a Single Area Code: The cost to access a single area code of data in the Registry will increase from $78 to $80. This adjustment is a direct result of a 3.0 percent increase in the Consumer Price Index (CPI) over the past year, as calculated by the FTC.
• Maximum Charge for Nationwide Access: The maximum fee charged to any single entity for accessing all area codes nationwide will rise from $21,402 to $22,038. This increase, rounded as required by the statute, reflects the cumulative effect of CPI changes since the original fee was established in fiscal year 2009.
• Half-Year Access Fee: The fee for accessing an additional area code for a half-year subscription period will increase from $39 to $40.

These updates are in accordance with the statutory requirements outlined in the Do-Not-Call Registry Fee Extension Act of 2007, which stipulates that fees must be adjusted annually based on changes in the CPI. The FTC followed a two-step process to determine these adjustments, confirming that the increase in the CPI warranted the fee changes for FY 2025.

Regulatory Background

The Telemarketing Sales Rule, enforced by the FTC, mandates that telemarketers and businesses adhere to specific requirements regarding the National DNC Registry. Telemarketers must check their call lists against the DNC Registry at least every 31 days to prevent calls to numbers listed on the registry. The DNC Registry includes both landline and wireless numbers. Additionally, telemarketers are required to honor requests from consumers to be placed on their internal do-not-call lists immediately, which is part of the Entity-Specific Do Not Call Provision. Failure to comply with these provisions can result in significant penalties, including the loss of safe harbor protections and potential civil fines.

The current  amendments to the TSR are considered technical updates in compliance with the 2007 Act. Consequently, the FTC has waived the usual notice and comment period under the Administrative Procedure Act (APA), finding it unnecessary and contrary to the public interest to delay these mandatory adjustments. Additionally, these amendments do not introduce any new recordkeeping, reporting, or third-party disclosure requirements beyond those already established in the TSR.

Key Compliance Considerations for Telemarketers

Telemarketers who access the National DNC Registry must account for these fee increases when planning their annual budget and compliance strategies. It is important to note that each seller is required to purchase its own access to the DNC list—platform operators are prohibited from allowing their customers (sellers) to use their list. These adjustments underscore the importance of staying up to date with regulatory requirements to avoid penalties for non-compliance. It is crucial for telemarketers to renew their subscriptions and access the Registry in a timely manner to ensure adherence to federal regulations and to avoid calling numbers registered on the DNC list.

As the new fiscal year approaches, telemarketers should prepare for the updated fee structure and ensure compliance with the National DNC Registry requirements. These amendments serve as a reminder of the FTC’s ongoing commitment to consumer protection and the regulation of telemarketing practices. Staying informed and adhering to these changes is essential for maintaining lawful operations and avoiding costly penalties.

NEED HELP WITH TELEMARKETING COMPLIANCE?

The CommLaw Group Can Help!

If your company has questions about its telemarketing compliance under state and federal laws or would like to reassess its telemarketing practices, please contact us:

Michael Donahue — Tel: 703-714-1319 / E-mail: mpd@CommLawGroup.com
Allison Rule — Tel: 703-714-1312 / E-mail:  adr@CommLawGroup.com
Robert Jackson – Tel: 703-714-1316 / E-mail: rhj@CommLawGroup.com
Ronald Quirk – Tel: 703-714-1305 / E-mail: req@CommLawGroup.com
Diana James – Tel: 703-663-6757 / E-mail: daj@commlawgroup.com