Do Not Call Registries: How They Work in the US and UK

For many people, the simplest way to cut down on unwanted sales calls is to add their number to a Do Not Call list. Both the United States and the United Kingdom run national registries that let people opt out of telemarketing, and businesses that make sales calls are legally expected to respect them.

But these registries are often misunderstood. People sometimes expect them to stop every unwanted call, and businesses sometimes assume they only need to worry about them occasionally. This article explains how Do Not Call registries work in both countries, what they cover, what they don't, and what businesses need to do to comply.

This article is for general information only and isn't legal advice.

Part One: The United States

The National Do Not Call Registry

The National Do Not Call Registry was created in 2003 and is managed by the Federal Trade Commission (FTC). Its rules are enforced by both the FTC, under the Telemarketing Sales Rule, and the Federal Communications Commission (FCC), under the Telephone Consumer Protection Act.

The registry allows people to add their home or mobile phone numbers to a list that telemarketers must not call.

How people register

Registration is free. People can register online at donotcall.gov or by calling 1-888-382-1222 from the phone they want to register. Numbers can be added to the registry at any time.

Registrations don't expire. A number stays on the registry until it's disconnected and reassigned, or until the person asks for it to be removed. New registrations aren't immediate for businesses, which are given up to 31 days to update their call lists, so people may continue to receive some calls for a short time after registering.

What the registry covers

The registry applies to telemarketing calls, meaning calls that try to sell goods or services. It covers calls to both landlines and mobile phones.

What the registry doesn't cover

Several types of calls are permitted even to numbers on the registry. These include:

• Political calls, such as campaign calls and political surveys.
• Calls from charities asking for donations, though if a charity uses a third-party telemarketer, people can ask not to be called again by that charity.
• Surveys and research calls that aren't selling anything.
• Informational calls, such as appointment reminders, delivery notices, or fraud alerts.
• Debt collection calls.
• Most business-to-business calls.

Other rules, such as consent requirements for automated or prerecorded calls, may still apply to some of these.

Exceptions for telemarketing calls

Even for sales calls, there are two main exceptions that allow a business to call a number on the registry.

An established business relationship. A business may call someone who has bought something from it, or completed a transaction with it, within the last 18 months, or who made an inquiry or application to it within the last 3 months.

Express written permission. A business may call someone who has given clear written permission to receive calls from that specific business, including the number they can be called on.

However, these exceptions end if the person asks the business to stop calling.

Company-specific Do Not Call lists

Separate from the national registry, every business that makes telemarketing calls must keep its own internal Do Not Call list. If someone asks not to be called again, the business must add their number to its list and stop calling them, whether or not the number is on the national registry and even if there's an established business relationship.

Under FCC rules, these requests must be honored within a reasonable time, no more than 10 business days, and remembered for five years. Businesses must also have a written policy for managing these requests and train their staff on it.

State Do Not Call lists

Some states run their own Do Not Call registries in addition to the national one, and some have stricter rules on telemarketing. Businesses calling into those states need to check the relevant state lists and rules as well.

What businesses must do

Businesses making telemarketing calls to US consumers must:

Register to access the registry. Telemarketers and sellers must create an account with the registry and pay an annual fee based on the number of area codes they want to access. The first few area codes are free, and there's an annual maximum.

Check their call lists regularly. Numbers must be checked against the registry at least every 31 days, and any registered numbers removed before calling. This process is often called "scrubbing."

Keep internal Do Not Call lists and honor every request not to be called.

Keep records showing that the registry was checked and Do Not Call requests were honored.

The Reassigned Numbers Database

A related tool is the FCC's Reassigned Numbers Database, launched in 2021. Phone numbers are often disconnected and given to someone new. If a business has consent to call a number, but that number now belongs to someone else, calling it could break the rules. The database lets businesses check whether a number has been permanently disconnected since they obtained consent, helping them avoid calling the wrong person.

Penalties and complaints

Violations of Do Not Call rules can lead to enforcement action by the FTC, the FCC, and state attorneys general. Under the TCPA, people who receive more than one telemarketing call within a 12-month period from the same business in violation of the Do Not Call rules can also sue for damages.

People who receive unwanted calls despite being on the registry can report them at donotcall.gov. These reports help authorities identify and pursue violators.

Part Two: The United Kingdom

The Telephone Preference Service (TPS)

The UK's equivalent of a Do Not Call registry is the Telephone Preference Service (TPS). It's a free service that lets individuals opt out of unsolicited live sales and marketing calls.

The legal requirement to respect the TPS comes from the Privacy and Electronic Communications Regulations (PECR). The Information Commissioner's Office (ICO) enforces these rules.

How people register

People can register free of charge online at tpsonline.org.uk or by phone. Registration covers landlines and mobile numbers. It takes up to 28 days to become fully effective, which gives businesses time to update their call lists.

The Corporate Telephone Preference Service (CTPS)

Businesses can also opt out of unsolicited marketing calls by registering with the Corporate Telephone Preference Service (CTPS). This applies to companies and other organizations such as limited liability partnerships and public bodies. Sole traders and most partnerships register with the standard TPS instead.

What TPS covers

TPS applies to live, unsolicited marketing calls, meaning calls made by a person, not a recording, that promote products, services, or an organization's aims. In the UK, this includes fundraising calls from charities and calls promoting political parties, which are also considered marketing.

What TPS doesn't cover

TPS doesn't apply to:

• Genuine market research calls that don't include any selling or marketing.
• Service or administrative calls, such as calls about an existing account or order.
• Calls the person has specifically agreed to receive from that organization.

It also doesn't cover automated or recorded marketing calls, because those require the person's specific prior consent in any case, whether or not they're registered with TPS.

When businesses can call TPS-registered numbers

A business can make live marketing calls to a TPS-registered number only if the person has specifically told that business they're happy to receive its marketing calls. A general consent buried in terms and conditions isn't enough, and the consent must be specific to that business.

What businesses must do

Businesses making live marketing calls in the UK must:

• Screen their call lists against the TPS and CTPS before calling. The ICO expects lists to be checked regularly, at least every 28 days.
• Keep their own "do not call" lists of people who've asked them not to call.
• Identify themselves on every call and provide contact details if asked.
• Display a valid caller ID that can be used to call back or to opt out.
• Keep records of consent where they rely on it to call registered numbers.

Enforcement and penalties

The ICO regularly takes action against businesses that make unlawful marketing calls, including issuing fines. Historically, fines under PECR could reach £500,000, and recent legislation has raised the maximum penalties significantly, bringing them in line with those under UK data protection law. The ICO can also issue enforcement notices requiring businesses to stop unlawful practices, and company directors can face personal fines in some circumstances.

People who receive unwanted marketing calls despite being registered with TPS can report them to the ICO.

What Do Not Call Registries Can't Do

Do Not Call registries are effective at reducing calls from legitimate businesses that follow the law. They're far less effective against scammers and illegal callers, who ignore the rules entirely. This is why many people on the registries still receive unwanted calls.

For those calls, other tools help, such as call-blocking features offered by phone companies and smartphones, spam labeling, and reporting unwanted calls to the authorities so they can track down offenders.

A Simple Principle

At their core, Do Not Call registries reflect a simple principle: if someone has said they don't want sales calls, businesses shouldn't call them. For people, registering is a quick, free way to reduce unwanted calls. For businesses, checking the registries, keeping internal lists, and honoring every request isn't just about avoiding penalties. It's about respecting the people they're calling, and making sure their calls reach those who are genuinely willing to listen.

Related articles

• State Telemarketing Laws: Calling Hours, Call Limits, and "Mini-TCPAs"