Monday, January 31, 2005

  "Do Not Call" May Not Apply To Computer

The Federal Trade Commission is considering a change to its "Do Not Call" regulations that would allow consumers to receive pre-recorded messages. Those types of calls are currently not allowed, but companies reportedly claim they need pre-recorded calls to reach consumers with whom they have done business.

More than 80 million telephone numbers are now on the "do not call" registry that took effect one year ago. Media reports indicated that the FTC claims that telemarketers now have to remove numbers from their calling lists within 31 days instead of the previous three months.

ExpressNewsline.com reports that the FTC is also proposing a rule change that will allow consumers to place their name on a list that prohibits even the first call from being made to them by a business. Those regulations would also curtail the use of techniques used to circumvent caller-id systems.

The FTC released its Quarterly Enforcement Update for telemarketing fraud and deceptive practices on January 28. The government agency initiated 22 separate enforcement actions, some of which dealt with the Telemarketing Sales Rule, or "do not call legislation". Typical of those actions was the FTC's December 10, 2004 complaint against FGH International Corporation. The original complaint charged the company with deceptive sales practices, but has been ammended to include violations of the Telemarketing Sales Rule.

State lawmakers are quickly introducing their own legislation. In Alaska, Rep. Kurt Olson is proposing legislation to ban recorded messages whose subject mater includes political candidacy or advocacy for legislation. Across the country, Connecticut representative Donald Sherer is advocating a bill that would create a do not call registry for cell phones and fax numbers.

The proposed changes after only one year and the mobilization to complicate legislation even more is troubling. The FTC's actions against only 22 firms last quarter seems to be a small number. In an editorial titled Golden Dial Tones published after the "do not call" registry went live, Consumer Help Web quoted a telecommunications executive who complained, "When only the bad guys can call, the only sales pitch you may hear is from a bad guy."

Meanwhile, legitimate businesses continue lobbying efforts to keep calling.


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