WASHINGTON-The Federal Communications Commission and the Direct Marketing Association, which represents 70 percent of telemarketers, found themselves in a tug-of-war Oct. 3 over the constitutionally disputed Do-Not-Call Registry.
“We do not agree with your suggestion that providing the FCC with the database would subject you or your members to Federal Trade Commission enforcement action,” said FCC Chairman Michael Powell. “We also do not agree that you or your members would be violating Judge Edward Nottingham’s Sept. 29 order, which is directed only at the FTC.”
The FCC revised its rules implementing the Telephone Consumer Protection Act to include calling those who had registered on the FTC’s Do-Not-Call Registry.
Powell said Sept. 30 that his agency would investigate all complaints, and if it was determined that a telemarketer knowingly called someone who had signed up, that enforcement action could occur.
Determining whether a consumer is on the list is difficult without access to the list. The FCC had not downloaded the list because it had expected it would have access, Powell told reporters.
Powell had urged the DMA to turn over the list, which DMA obtained before the FTC cut off access to it.
The FCC was forced into action when it became clear that it was the only federal agency that would be able to enforce the list. The FTC’s enforcement was thrown into doubt when Judge Nottingham hinted he would consider it a violation of his order. Nottingham had previously ruled the Do-Not-Call Registry did not comply with the First Amendment because it discriminated against telemarketers because they were prohibited from calling anyone on the 51-million name list while allowing charities and political candidates to continue to call.
Obviously some telemarketers are ignoring the FCC. As of 4 p.m. Oct. 3, the FCC had received 4,100 inquiries regarding the do-not-call list and 1,315 complaints from people who had signed up but still received a call from a telemarketer.
“Most of the complaints were submitted by consumers who previously signed up for the Do-Not-Call Registry but have received one or more calls since Oct. 1 from telemarketers,” said K. Dane Snowden, chief of the FCC’s Consumer & Governmental Affairs Bureau. “To the extent legally permissible, the FCC will continue to vigorously enforce our rules on behalf of the American consumer.”
Even though many believe that telemarketing calls to mobile phones are illegal, the FTC allowed consumers to register their mobile-phone numbers on the list. When wireless local number portability is implemented-currently set for Nov. 24-telemarketers have warned that the mobile-phone prohibition will be ineffective.
Another worry for mobile-phone users and carriers is the belief that if and when the Do-Not-Call Registry is authorized, spam to normal e-mail accounts and text messaging spam will dramatically increase.
