The Federal Communications Commission (FCC) is seeking comments on whether it should establish a national do-not-call list and other suggestions to improve its Telephone Consumer Protection Act of 1991.
The FCC said in a statement that growing consumer frustration had prompted it to consider a suppression list, allowing consumers nationwide to limit telemarketing calls. Such a list would expand the scope of the number of industries covered by the proposed Federal Trade Commission list including banks and telecommunications firms.
Specifically, the FCC wants comment on:
* Whether it should refine existing or adopt additional rules on the use of autodialers, prerecorded messages, and unsolicited facsimile advertisements in light of recent technological developments.
* The effectiveness of company-specific do-not-call lists.
* Whether to establish a national do-not-call list and if so, how that action might be taken in conjunction with the Federal Trade Commission’s proposal for a do-not-call list and other state lists.
“In the intervening decade, there have been tremendous changes in both the communications capabilities of everyday Americans and the tools available to marketers,” FCC Commission Kathleen Abernathy, said in a statement. “We have an obligation to examine those changes and adapt our rules to that new reality.”
She expressed particular concern about the burdens imposed on consumers to make known, on a company-by-company basis—their desire to be placed on a do-not-call list.”
Also of concern were telemarketing calls to wireless phones by autodialers or using prerecorded messages, Abernathy said.
“There have been sporadic reports of violations of our current ban on such calls,” she said. “The commission will continue to vigorously enforce this ban.”
The Direct Marketing Association said there is no need to create a new bureaucracy by creating a federalized list. The group said its own Telephone Preference Service (TPS), that lets consumers opt out of receiving telemarketing calls is sufficient.
Similarly, the American Teleservices Association feels a FCC list is unnecessary.
“The 1992 Telephone Consumers Protection Act (TCPA) rule that let companies maintain their own do-not-call lists was sufficient,” spokesman Kevin Brosnahan said.
Brosnahan hinted that the ATA might sue the FCC if its do-not-call list goes through.
Privacy advocates welcomed the move.
“The FCC’s role is significant because due to limits in statutory authority the FTC can’t cover telephone companies and some financial institutions, which are the major sources of junk calls,” said Jason Catlett, founder of privacy advocacy group, Junkbusters. Corp. “But FCC can cover them.”
The FCC said it would seek public input for 60 days before determining whether to go ahead.
Last January, the FTC unveiled a proposal for a national do-not-call registry in an expansion of its Telemarketing Sales Rule. Under the FTC’s proposal, it would be illegal for telemarketers to call consumers who place their phone number on the national registry.
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