OK, lets put this one to rest. It is not legal. Here is the post straight from the FCC web site:
The Truth About Cell Phones and the Do-Not-Call Registry
You may be one of many consumers who have received e-mails saying you're about to be assaulted by unwanted telemarketing calls to your cell phone. Rest assured that placing telemarketing calls to cell phones is -- and always has been -- illegal in most cases.
Why the Confusion?
The confusion seems to stem from recent discussions in the wireless phone industry about establishing a wireless 411 phone directory, much like your traditional (wired) 411 phone directory. A number of e-mail campaigns seem to suggest that if your wireless telephone number is listed in a wireless 411 directory, it will be available to telemarketers, and you will start to receive sales calls. In addition, some of these e-mail campaigns suggest that there is a separate do-not-call "cell phone registry," which you must call to have your wireless phone number covered by the do-not-call rules. This information is wrong.
Here Are the Facts:
Contrary to what some of the e-mail campaigns are now saying, the Federal Government does not maintain and is not establishing a separate Do-Not-Call Registry for mobile phones. The FCC and the Federal Trade Commission set up the National Do-Not-Call Registry to enable consumers to reduce the number of unwanted telemarketing calls to their phones. The Registry covers both traditional (wired) and wireless (mobile) phones. The Registry is nationwide in scope and applies to all telemarketers, with the exception of certain non-profit organizations. Personal cell phone users have always been able to add their numbers to the National Do-Not-Call Registry either online at www.donotcall.gov or by calling toll-free at 1-888-382-1222 from the telephone number they wish to register. Registrations become effective within 31 days of signing up and are active for five years. There is no cut-off date or deadline for registrations.
- Establishing a wireless 411 directory is only in the idea stage, at present.
- Even if a wireless 411 directory is established, most telemarketing calls to cell phones would still be illegal. For example, it is unlawful for any person to make any call (other than a call made for emergency purposes or made with express prior consent) using any automatic telephone dialing system or any artificial or prerecorded voice to any telephone number assigned to a paging service, mobile telephone service, or any service for which the called party is charged for the call. This prohibition applies regardless of whether the number is listed on the Federal Government's National Do-Not-Call Registry.
How to Complain
If you receive an unwanted telemarketing call and you have requested your telephone number be listed on the Registry, you can file a complaint by e-mail (firstname.lastname@example.org); the Internet (www.fcc.gov/cgb/complaints.html); voice telephone call (1-888-CALL-FCC (1-888-225-5322)); or TTY telephone call (1-888-TELL-FCC (1-888-835-5322)). You can also mail your complaint to:
Federal Communications CommissionYour complaint letter should include:
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554
For More Information
- name, address, and telephone number where you can be reached during the business day;
- the telephone number(s) involved with the complaint;
- the type of resolution you are seeking; and,
- as much specific information about the complaint as possible; including the identity of the telemarketer or company contacting you.
To learn more about the National Do-Not-Call Registry and the rules that enforce it, visit the FCC website at www.fcc.gov or the FTC website at www.ftc.gov.
For more information about the proposed "wireless 411" directory, visit http://www.qsent.com/wireless411/index.shtml.
For this or any other consumer publication in an accessible format
(electronic ASCII text, Braille, large print, or audio) please write or call us
at the address or phone number below, or send an e-mail to FCC504@fcc.gov.
To receive information on this and other FCC consumer topics through the Commission's
electronic subscriber service, click on www.fcc.gov/cgb/contacts/.
This document is for consumer education purposes only and is not intended to
affect any proceeding or cases involving this subject matter or related issues.
Federal Communications Commission ·
Consumer & Governmental Affairs Bureau ·
445 12th St. S.W. ·
Washington, DC 205541-888-CALL-FCC (1-888-225-5322) ·
TTY: 1-888-TELL-FCC (1-888-835-5322) ·
Fax: 1-866-418-0232 · www.fcc.gov/cgb/