Telemarketing Update

National 'Do-Not Call' list now in effect

By Teri Henning, Pennsylvania Newspaper Association

The Federal Communications Commission (FCC) has announced that it will enforce the national do-not-call list, despite the ongoing legal battle, beginning on Wednesday, Oct. 1, 2003.

The list contains more than 50 million home and cell phone numbers. Companies could face thousands of dollars in fines each time they call a registered number.

If you have obtained the list, you must abide by it.  If you have not yet purchased the list, you cannot obtain it at the present time, since the Federal Trade Commission (FTC) is no longer making the list available (in response to the recent court rulings).  Obviously, if you didn't already obtain the list, you will not be able to conform your call list to it.

Although the FCC can only penalize those who have the list, FCC Chairman Michael Powell has warned companies against lying to the agency.  When investigating complaints, the FCC will ask a telemarketing firm accused of a violation whether it has the list.  FTC records should also show whether you have purchased the list.

The Direct Marketing Association (one of the organizations challenging the federal rules) has advised all of its members and other telemarketers to abide by the list.  The Pennsylvania Newspaper Association likewise urges all of its members to abide by the national registry effective immediately.

Please call the legal hotline at (717) 703-3080 or your own counsel if you have any questions about the telemarketing rules.