The Kentucky General Assembly enacted legislation making it easier for Kentucky residential customers to reduce unwanted calls from telemarketers. Here are answers to some of the most common questions about Kentucky’s telemarketing law:
What is the Kentucky No Call List?
It is a list of the residential and wireless telephone numbers of Kentuckians who want to reduce the number of unwanted telemarketing calls they receive.
Is there a National Do-Not-Call Registry?
Yes, there is a National Do-Not-Call Registry. The national registry has always been maintained by the Federal Trade Commission. In 2007, Kentucky’s General Assembly mandated that the numbers previously placed on Kentucky’s No Call List would be transferred to and maintained by the Federal Trade Commission.
Prior to June 2007, if your number was placed on the Kentucky No Call List, it has now been automatically transferred and placed on the National Do-Not-Call Registry. After June 2007, any Kentuckian who needs to do a new registration of their telephone number can simply contact the Federal Trade Commission. Any telemarketer who calls a registrant whose telephone number is on the list can be prosecuted by the Kentucky Attorney General’s Office and fined up to $5,000 per violation, unless the telemarketer falls within one of the exceptions in the law.
Will I get any telemarketing calls if I’m on the No Call List?
The law allows certain telemarketers to continue to call consumers on the No Call List. The exceptions include calls from:
- Telemarketers who have a prior or existing business relationship with you.
- Telemarketers who have received an express request from you to call.
- Telemarketers with whom you have an existing debt or contract.
- Telemarketers soliciting only donations for charities. (If you want to be removed from the charity’s list simply state so when the telemarketer calls you.)
How do I sign-up for the No Call List?
You may contact the Federal Trade Commission through its website at www.donotcall.gov or by calling 1-888-382-1222 (TTY 1-866-290-4236). You can delete your number from the registry at any time by calling that number. The call must be made from the telephone number you wish to delete.
Do I have to sign-up on the No Call List more than once?
No. Unless your telephone number changes, you will remain on the list. Previously, the registration of any telephone number on the list expired after 5 years, but the Federal Trade Commission decided that it will not remove any numbers from the Do-Not-Call Registry. However, the Federal Trade Commission will continue to remove telephone numbers that have been disconnected and reassigned to other customers.
What is done with the information I provide for the list?
The information provided is kept confidential and used only to compile the list. The only information on the list is your home or wireless telephone number. Only your telephone number will be provided to telemarketers to prevent them from calling you. It is a crime for anyone to use your information for any reason other than preventing unwanted telemarketing calls.
How long after I sign up do telemarketers have to stop calling me?
Telemarketers have 31 days from the date that you register your number to stop calling you.
Does a telemarketer have to stop calling me if I tell them I want no more calls?
Yes. Federal and state rules require companies to place you on their own do-not-call list at your request. The companies are required to leave you on their list for at least 10 years. If the calls do not stop, you may file a written complaint with the Federal Communications Commission, the Kentucky Attorney General’s Office, or file suit in federal court. For more information about federal laws governing telemarketing, visit the FCC website at www.fcc.gov/cgb/consumerfacts/tcpa.html.
How and when can I file a complaint?
If you get a call from a telemarketer that is not within one of the exceptions, you can file an online complaint with the Federal Trade Commission at www.donotcall.gov or by calling the complaint hotline at 1-888-382-1222. You may also file online complaints through the Kentucky Attorney General’s Office at www.nocall.ky.gov, by calling the complaint hotline at 1-866-877-7867, or by mailing a written complaint form to the Office of the Attorney General at 1024 Capital Center Drive, Suite 200, Attn: No Call, Frankfort, Kentucky 40601. You will need to provide at least one of the following:
- Name of the telemarketing company
- Telephone number of the telemarketing company
It is also helpful to provide the date and time of the call and any other identifying information (name, address) about the caller.
Is there any cost to get on the list?
No. There is no charge for consumers to get on the list.