Definitions Of Organizations That May Use This Web Site And Pay For Access

Seller – includes any person or business who, in connection with a telemarketing transaction, provides, offers to provide, or arranges for others to provide goods or services to the customer in exchange for consideration.  A Seller also may be a Telemarketer, if it is calling on its own behalf. Or a Seller may retain one or more Telemarketers to place calls for it. In either case, you should register as a "Seller".

Every Seller should subscribe, pay the appropriate fee, and agree to the certification requirements to receive a Subscription Account Number (SAN) with the National Do Not Call Registry.  A Seller may direct a Telemarketer to complete the online subscription process for it, but the Seller must have its own subscription and SAN, separate from the Telemarketer's subscription and SAN.

Telemarketer ("TM") – includes any person or business who, in connection with telemarketing, initiates or receives telephone calls to or from a customer. If you are a Telemarketer, you may register as a "Telemarketer working for a Seller/Client" or as a "Telemarketer with Independent Access".

• If a Telemarketer is working on behalf of its client – a Seller – the Seller must have a subscription with the Registry. The Telemarketer may access the Registry on behalf of the seller at no additional charge if the Telemarketer is authorized by the Seller to use the Seller's SAN. Any applicable fees should be paid by the Seller, or by the Telemarketer on that Seller's behalf. The Telemarketer may use the data it downloads only for that Seller. Telemarketers should understand that every Seller must have its own subscription to the Registry. At the direction of a Seller, a Telemarketer may complete the online subscription process and obtain a SAN for the Seller.
• If a Telemarketer wishes to gain Independent Access to the Registry, it may obtain its own SAN by paying its own access fee and agreeing to the certification requirements. However, a Telemarketer with Independent Access may not use Registry data to place calls on behalf of Sellers unless each Seller has a SAN. That is, a Telemarketer cannot purchase the list once and then provide the data to all of its clients who have not paid the appropriate fees to access the Registry.

Service Provider ("SP") – includes any person or business that provides assistance to sellers or telemarketers to engage in telemarketing, such as list brokers and service bureaus.

• If a Service Provider is working on behalf of its client – a Seller – the Seller must have a subscription with the Registry. The Service Provider may access the Registry on behalf of the seller at no additional charge if the Service Provider is authorized by the Seller to use the Seller's SAN. Any applicable fees should be paid by the Seller, or by the Service Provider on that Seller's behalf. The Service Provider may use the data it downloads only for that Seller. Service Providers should understand that every Seller must have its own subscription to the Registry. At the direction of a Seller, a Service Provider may complete the online subscription process and obtain a SAN for the Seller.
• If a Service Provider wishes to gain Independent Access to the Registry, it may obtain its own SAN by paying its own access fee and agreeing to the certification requirements. However, a Service Provider with Independent Access may not use Registry data to place calls on behalf of Sellers unless each Seller has a SAN. That is, a Service Provider cannot purchase the list once and then provide the data to all of its clients who have not paid the appropriate fees to access the Registry.

Exempt Organizations ("EO") – includes any person or business that is exempt from both the FTC's and FCC's requirements to access the National Registry, but voluntarily chooses to access the information solely for the purpose of preventing telephone calls to telephone numbers in the National Registry. Exempt Organizations include charities or certain non-profit organizations, organizations engaged in political solicitations or surveys, or Sellers or Telemarketers that call ONLY consumers with whom they have an established business relationship or from whom they have obtained the express written agreement to call. See 16 CFR § 310.4(b)(1)(iii)(B)(i) and (ii). Entities that have been granted tax exempt status under the Internal Revenue Code are not necessarily Exempt Organizations for purposes of the National Do Not Call Registry. See, e.g., FTC v. National Consumer Council, Inc., and FTC v. Debt Management Foundation Services, Inc., at http://www.ftc.gov/opa/2005/03/creditcouncel.htm. There, the FTC successfully challenged the status of a purported nonprofit organization whose role in fact was simply to generate leads for other firms which then charged consumers thousands of dollars in fees for their services. Exempt Organizations must wait three business days following the submission of their request to access registered telephone numbers before they may be given access to such numbers. For more information see EXEMPT ORGANIZATIONS, below.

The following chart provides additional information for each type of organization:

A Covered Seller is subject to the Federal Trade Commission's amended Telemarketing Sales Rule.