DNC REGULATORY INFORMATION | |
A
Monthly Review of Issues Affecting Commercial Telemarketing by Copilevitz
& Canter, LLC, Attorneys at Law
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September, 2004 FEDERAL
COMMUNICATIONS COMMISSION FEDERAL
TRADE COMMISSION The FTC has charged a Nevada telemarketing group with placing more than 300,000 calls to consumers whose names were registered on the national do-not-call list. The FTC is seeking civil penalties against the telemarketer and its owners for violations of the registry. The telemarketing firm calls consumers on behalf of vacation time share companies. The FTC also alleges that the telemarketer placed calls without paying for the list, abandoned telephone calls and violated other provisions of the Telemarketing Sales Rule. The Commission is authorized to refer matters to the Department of Justice for suit when it has reason to believe that law has been violated. The fee schedule for the national do-not-call registry is to take effect September 1, 2004. The revised fee structure requires entities to pay $40 per area code with a maximum fee of $11,000 for accessing 280 or more area codes. Entities will still be able to access the first five area codes at no cost, and exempt entities can access the entire registry free of charge. Two companies have settled allegations from the FTC that they harassed customers during debt collection calls. The FTC alleged multiple phone calls and use of abusive language. The FTC has also settled charges against an individual with regard to pre-approved credit card offers. The FTC charged that consumers who purchased the product never received a credit card but rather received various coupons and discount offers for cell phones. Other customers received a stored value card which required them to deposit money before using it. These types of offers are subject to heightened scrutiny at the state and federal level. You should ensure that all your credit card campaigns comply with applicable law. CAN-SPAM WIRELESS
TELEPHONE NUMBERS CALIFORNIA A bill has been proposed in California which would amend its public utilities statute to allow local telephone providers to publish a directory of their subscribers only with express consent from the subscriber. Further, other telephone corporations would be prohibited from selling or licensing lists of residential subscribers if their telephone number is unlisted or unpublished. California is also considering a bill which would require contracts between businesses and telemarketing service providers to include a provision that telemarketing representatives must disclose their location upon request from California residents. CONNECTICUT GEORGIA MISSISSIPPI MISSOURI NEW
YORK TEXAS
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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®. September 1, 2004, Copilevitz & Canter, L.L.C. | |
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