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From Antitrust Law Daily, August 27, 2018

Annual fee adjustments for accessing Do-Not-Call registry announced

By Jeffrey May, J.D.

Effective October 1, 2018, telemarketers will have to pay an additional $385 in order to access phone numbers on the national Do-Not-Call registry for all area codes nationwide. Today, the FTC announced the annual increase in fees for retrieving the telephone numbers of consumers who have signed up on the registry in an effort to avoid telemarketing calls. Telemarketers must download these numbers annually to ensure that they are not calling consumers who have registered their phone numbers on the Do-Not-Call list.

For fiscal year (FY) 2019, telemarketers will pay $63 for yearly access to registry phone numbers in a single area code (an increase of $1 from FY 2018), up to a maximum charge of $17,406 for all area codes nationwide (up from $17,021 in FY 2018). The first five area codes are free. The fee for accessing an additional area code for a half year will increase to $32.

The FTC is amending the Telemarketing Sales Rule to update the fee information. The annual updates are required by the Do-Not-Call Registry Fee Extension Act of 2007 (Pub. L. No. 110-188, 122 Stat. 635). The adjustments are based on changes in the consumer price index. Generally, the fees increase annually. However, there is no increase in the dollar amount if the consumer price index change is less than one percent. Fees were not increased for FY 2016 in light of this limitation. The following two years saw slight increases similar to this latest change.

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