Out-Law / Your Daily Need-To-Know
The Federal Communications Commiaaion has asked for comments on whether it should change its rules that restrict telemarketing calls in the US and, if so, how. The FCC says it is seeking to enhance consumer privacy protection while avoiding imposing unnecessary burdens on the telemarketing industry and consumers.
In 1992 the Commission adopted rules to implement the Telephone Consumer Protection Act of 1991 (TCPA). In the last ten years telemarketing practices have changed significantly. New technologies have emerged that allow telemarketers to target potential customers better and that make marketing using telephones and fax machines more cost-effective. At the same time, the new telemarketing techniques have increased public concern about the impact on consumer privacy.
The Commission has asked for comment on:
- Whether the FCC's rules need to be revised to carry out more effectively Congress' directives in the TCPA that individuals' privacy rights, public safety interests, and commercial freedom of speech and trade be balanced in a way that protects the privacy of individuals and permits legitimate telemarketing practices;
- Whether the Commission should refine its existing rules, or adopt additional rules, on the use of autodialers, pre-recorded messages, and unsolicited facsimile advertisements, to account for technological developments in recent years and emerging telemarking practices;
- The effectiveness of company-specific do-not-call lists; and
- Whether to revisit the option of establishing a national do-not-call list.