DNC REGULATORY INFORMATION | |
A
Monthly Review of Issues Affecting Commercial Telemarketing by Copilevitz
& Canter, LLC, Attorneys at Law
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January, 2004 FCC AT&T has contested the $780,000 fine assessed against it by the FCC. The allegations concern company-specific "do-not-call" requests. AT&T has defended itself claiming that the calls were isolated or inadvertent. I have reviewed one of the first "request for information" issued by the FCC with regard to alleged violations of the national "do-not-call" lists. The request was issued to a communications carrier. As you may know, consumers often do not know the exemptions to the national "do-not-call" lists. This request for information is an example of the burden businesses must face to rebut consumer error. FTC I have recently obtained an opinion letter from the FTC regarding two clarifications of operation of the national "do-not-call" list. The first clarification involved independent agents' access to the list through their affiliated insurance company, while the second involved whether a third-party could use its own SAN to scrub on behalf of a seller (rather than using the seller's SAN). In both cases, the FTC has taken a reasonable approach regarding this interpretation in a welcome change from some earlier opinions. If your company uses numerous independent agents to market, and/or, you market services of another entity and have your own SAN, please contact me to discuss the FTC's opinion. The FTC ruled that an agent of a business, even if independent, could use the "do not call" list obtained by the principle so long as the agent did business in the name of the principle. It is important to note in light of this ruling that the use of a scrubbing service or lead company providing "scrubbed" leads, does not necessarily satisfy your company's obligation under the "do-not-call" list laws. The FTC and several state regulators still require you to purchase access to their lists, even if you use a third-party scrubbing service. "CAN-SPAM
ACT" COLORADO GEORGIA LOUISIANA NEW
JERSEY Another New Jersey bill would amend the "do-not-call" list law to require telemarketers to have express written consent from consumers prior to placing calls to persons on the list. Calls to existing customers would still be allowed, even if no written consent exists. NEW
YORK PENNSYLVANIA SOUTH
DAKOTA TENNESSEE UTAH
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The authors make every attempt to provide current, accurate information, but Telemarketing ConnectionS® is not intended to be a substitute for legal counsel, and readers should not use it in lieu of obtaining knowledgeable legal, or other professional, counsel expert in the field of commercial telemarketing law. References in Telemarketing ConnectionS® do not constitute endorsement by Copilevitz & Canter, L.L.C. or Telemarketing ConnectionS®. January 1, 2004, Copilevitz & Canter, L.L.C. | |
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