DNC REGULATORY INFORMATION | |
A
Monthly Review of Issues Affecting Commercial Telemarketing by Copilevitz
& Canter, LLC, Attorneys at Law
|
|
November, 2004 FCC
The FCC has delayed implementation of the new rules requiring a signed written document to send a facsimile for six months through June 30, 2005. In the Order, released on October 1, 2004, the FCC acknowledged that the TCPA likely will be amended to allow faxes to be sent to businesses or other recipients with whom the sender has an established business relationship.
The FCC has requested comments regarding whether it should preempt state do-not-call lists with regard to application of interstate calls. Now is the time to prepare your comments to the FCC showing that a national system best protects consumer rights and allows businesses easy compliance. State attorneys general can enforce the federal laws so there is no reason why the FCC should not make this decision. Please contact me if you would like assistance in drafting appropriate comments.
The FCC announcement that the new rules regarding unsolicited faxes will be delayed until June 30, 2005, was published in the Federal Register this month.
Effective October 18, 2004, the FCC implemented regulations applicable to commercial text messages generally prohibiting unsolicited commercial messages or implying other restrictions to their use. Our firm has prepared a Memorandum on this topic which I can provide you upon request.
NATIONAL
ASSOCIATION OF ATTORNEYS GENERAL
US
POSTAL SERVICE
US
SUPREME COURT
CALIFORNIA
Governor Schwarzenegger has signed a law which prohibits cellular telephone providers from including subscriber telephone numbers in telephone directories without first obtaining consent from the consumers.
ILLINOIS
IOWA
LOUISIANA
MINNESOTA
The Minnesota Attorney General's Office has issued a Memorandum to all political candidates announcing its intention to enforce its state law regarding delivery of recordings which does not allow political messages. As you know, the federal law allows political messages, and almost every state telemarketing statutes contains a similar exemption. Recently the FCC has asked whether it should preempt a similar state law in North Dakota. The Attorney General has announced if it receives three or more verified substantiated complaints about a given candidate, it will file a lawsuit and seek a TRO to enjoin further violations of the law.
NEW
JERSEY
NORTH
CAROLINA
TEXAS
|
|
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®. November 1, 2004, Copilevitz & Canter, L.L.C. | |
|
||||||
This Site is designed for
use with Microsoft Internet Explorer 6 and Netscape 7 and higher versions.
A Broadband Internet Connection is recommended for uploading and downloading files. SCRUB YOUR LIST | ACCOUNT LOGIN | SIGN UP NOW | VIEW/DOWNLOAD LISTS | PRICE SCHEDULE HOME | TAKE A TOUR | DNC LAWS | ABOUT US | CONTACT | FAQ's | SITE MAP |