February,
2005
FCC
FCC
Chairman Powell has resigned from his chairmanship of the Federal Communications
Commission. This likely with have little effect on FCC enforcement or
interpretation of the Telephone Consumer Protection Act.
CANADA
Canadian
health officials are drafting a proposal to prevent internet pharmacies
from selling mail order prescription drugs to United States customers.
As of now, I would advise against any telemarketing campaign on behalf
of Canadian drug providers as the FDAs opinion is these sales
are illegal, and you could be held liable under the accomplice liability
standard for illegal sales.
ALASKA
Alaska
is considering a bill which would modify the states telemarketing
law to ban recorded telephone calls for political purposes to Alaska
consumers whose names are on the state or federal do-not-call
lists. It is highly doubtful, given the subject matter of the banned
calls, that this will pass the legislature. It is even more doubtful
that the law would be constitutional if passed. The bill has been sent
to a House Committee.
ARIZONA
The
State of Arizona has settled with a leasing company with regard to telecommunications
fraud involving NorVergence, Inc.
CONNECTICUT
A
bill has been proposed in Connecticut which will require telemarketers
to disclose, upon request, the name of the person on whose behalf the
call is being made and the name, business address and telephone number
of the supervisor in charge of such paid caller.
Another
bill has been proposed in Connecticut which would extend the do-not-call
list to political phone calls.
GEORGIA
A
bill has been proposed in Georgia which would create a felony for persons
who send more that 10,000 false or misleading messages in one day via
email. The bill also outlines the misdemeanor charges for lesser violations.
INDIANA
A
bill has been proposed in the Indiana House which would prohibit political
calls to persons on the Indiana do-not-call list.
An Indiana
bill has been proposed which would allow the inclusion of mobile telephone
numbers on the state do-not-call list.
IOWA
A
bill has been proposed in the Iowa Senate which would create a state
do-not-call list. The list would exempt calls to consumers
with whom the caller has an established business relationship and calls
by or on behalf of a tax exempt organization if a bonafide member of
the organization makes the call.
MISSISSIPPI
A
bill has been proposed in the Mississippi House which would add facsimile
numbers to the Mississippi do-not-call list. Unsolicited
facsimiles are already illegal under the federal Telephone Consumer
Protection Act and sending them can subject any business to potentially
huge liability under federal law.
The Mississippi
House is considering a bill which would require prompt disclosure of
the geographical location from which the call is placed for all telemarketing
calls.
MISSOURI
Missouris
Attorney General has issued a Top 10 list for consumer complaints. Cramming
and slamming top the list of consumer complaints followed by home repair,
travel and timeshare complaints, and unsolicited faxes.
Missouri
is considering a bill which would amend its definition of telephone
solicitation to include facsimiles and text messaging within its
restrictions thus applying the state do-not-call list to
those types of calls.
I spoke
with a member of the Missouri House of Representatives who told me that
the bill proposed by Missouris Attorney General to eliminate exemptions
of state do-not-call lists has little chance of passing.
NEW
YORK
New
Yorks Attorney General has settled with a group of five leasing
companies with regard to telecommunications fraud and the telephone
equipment originally sold by NorVergence, Inc.
A regulation
has been proposed in New York which would raise the penalty amount on
the do-not-call list to $11,000 per violation from $5,000
per violation.
NORTH
DAKOTA
North
Dakota is considering a bill which would require oral disclosures for
any business telemarketing discount medical plans. The disclosure include
that the plan is not an insurance policy, that the plan includes discounts
for medical services, name, address and telephone number of the organization,
and the cancellation and refund rights provided by state law.
PENNSYLVANIA
Pennsylvanias
Attorney General has filed suit against a home security company for
allegedly violating state do-not-call list laws and the
states telemarketer registration law. The latter charge likely
will not proceed as Pennsylvanias telemarketing registration law
exempts persons who do not complete a sale until a later face-to-face
meeting (e.g. installation of home security systems).
RHODE
ISLAND
Rhode
Island is considering a bill which would create a state do-not-call
list effective January 1, 2006.
TEXAS
Texas
is considering a bill which would add Texas telephone numbers included
on the national do-not-call list to its state do-not-call
list.
UTAH
The
Utah House is considering a bill which would limit application of the
states do-not-call list to intrastate telemarketing
calls. The FCC may soon take the same action.
|