Effective October 1, 2009, fees for telemarketers to access phone numbers registered in the National Do Not Call Registry (“Registry”) will increase. Under the Telemarketing Sales Rule (“TSR”), telemarketers must pay an annual fee to obtain numbers from the Registry to ensure that they do not call those phone numbers that consumers have registered. Currently, telemarketers must pay $54 per area code for the year, or $27 per area code to access the numbers for the second half of the year, with a maximum of $14,850 for access to all area codes. Pursuant to the Do-Not-Call Registry Fee Extension Act of 2007 (“Act”), which amends the TSR, the fees will increase this October to $55 to access phone numbers in a single area code, with the maximum set at $15,058 for access to all area codes.

The fees charged by the Federal Trade Commission (“FTC”) to access the Registry have stabilized and even decreased in recent years due to the Act. Prior to passage of the Act, fees to access the Registry rose from an original fee of $7,250 in 2003 to a fee of $17,050 in 2006. The Act authorizes the FTC to increase fees by an amount tied to the rate of change in the consumer price index.