Court Rules that FTC Can Enforce National Do-Not-Call Registry

FTC to start enforcement immediately

On October 7, 2003, the U.S. Court of Appeals for the Tenth Circuit (FTC v. Mainstream Marketing Services) ruled that the FTC can implement its do not call rules, pending the agency’s appeal of the lower court’s decision.

What does this mean for Pennsylvania newspapers engaged in telemarketing ?  

Beginning today, Friday, Oct. 10 at 8:00 am, the registry can again be accessed by telemarketers.  Newspapers that have not already accessed the registry and downloaded the necessary information, should do so as soon as possible at http://telemarketing.donotcall.gov.

For those newspapers that have already accessed the registry, the FTC plans to begin enforcement immediately and receive consumer complaints beginning Saturday, Oct. 11 at 6 p.m.   Newspapers that access the list starting today will have until Oct. 17 to be in compliance.

Although the FTC rules apply only to interstate telemarketing, the FCC rules apply to intrastate telemarketing as well.  Therefore, if you do any telemarketing, you must obtain and follow the national do not call list.  

If you have any questions or need any additional information, please call the legal hotline at (717) 703-3080 or your own legal counsel.