DNC REGULATORY INFORMATION | |
A
Monthly Review of Issues Affecting Commercial Telemarketing by Copilevitz
& Canter, LLC, Attorneys at Law
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January, 2005 FCC I recently had a conversation with an FCC enforcement attorney regarding certain provisions of the TCPA. First, she clarified that the provisions of the TCPA banning calls using automated equipment, i.e. predictive dialers, to cellular telephone numbers and public safety numbers applied to all uses of that equipment and were not limited to telemarketing calls. Thus, the restrictions on ported numbers apply to debt collection calls, etc. Second, she clarified that the express consent needed to place calls to cell phones need not be in writing. Although the TCPA Regulation has specified that express consent for faxes should be in writing when these changes go into effect in mid 2005, the rule does not specify that express consent for calling cellular telephone numbers be in writing. She did clarify that the burden of proving express consent would be on the caller. FTC Two payment processing companies have been banned from processing charges for companies that conduct outbound telemarketing. The FTC said the defendants knowingly assisted telemarketers who sold deceptive products. This is another example of enforcement of the accomplice liability standard of the Telemarketing Sales Rule. Comments to the FTC regarding delivery of recordings, and the FTCs abandonment provisions are due with the agency by January 10, 2005. You can make comments at: https://secure.commentworks.com/ftc-tsr. The requirement that telemarketers scrub their list at least every thirty-one days goes into effect January 1, 2005. Previously, entities were required to scrub at least quarterly. The FTC published an announcement that the do-not-call registry accepts personal cell phone and home number registrations. Several internet rumors have circulated regarding whether or not the list applies to cell phone numbers. You should also be aware of restrictions regarding use of predictive dialers placing calls to cellular telephones created by the TCPA. Please contact me if you have questions regarding this matter. ALASKA KANSAS MICHIGAN MISSOURI A bill has been proposed in the Missouri Senate which will restrict state contracts with telemarketers requiring that those contracts only be with entities operating call centers in the United States. The bill also requires that inbound and outbound call centers disclose upon request city, state and country where the customer service employee is located. NEW
YORK OHIO PENNSYLVANIA 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, 2005, Copilevitz & Canter, L.L.C. | |
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