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COMPLIANCE WITH DO NOT CALL REGISTRY EXCEPTIONAL
On February 13, 2004, FTC released Do Not Call registration and complaint figures for
2003. These figures show fewer than 45 companies received over 100
consumer complaints. Consumers registered over 55 million numbers
through 2003, but reported only 150,000 possible violations.
"The telemarketing industry has shown exceptional compliance with the
National Do Not Call Registry." So said Timothy J. Muris, FTC
Chairman. "The Do Not Call program has been highly successful in
protecting consumers' privacy. While we appreciate the high rate of
compliance, we are taking a hard look at the top violators. Assuring
compliance with the Registry remains a high priority for the
The effectiveness of the Do Not Call Registry was reinforced by a
Harris Interactive® survey released February 13, 2004 indicating that
over half of all U.S. adults (57%) say they've signed up for the
registry. Ninety-two percent (92%) of those who signed up report
receiving fewer telemarketing calls, and 25% of those registered say
they received no telemarketing calls since signing up.
(FTC Release, February 13, 2004.)
FTC WARNS ABOUT WEBSITE CLAIMING "NATIONAL DO NOT E-MAIL REGISTRY"
FTC is studying the feasibility of creating a National Do
Not Spam Registry, and will issue a report in June 2004. At this
time, however, there is no legitimate "National Do Not E-mail
But that fact didn't deter a website for claiming there is a
"National Do Not E-mail Registry." And visitors were asked to submit
their e-mail address to this "National Do Not E-mail Registry" that
promises to reduce the amount of spam you receive. FTC called the
website a scam.
According to FTC, the website at "unsub.us" mimics the language,
look, and navigation of website for the National Do Not Call
Registry, a legitimate free service of the federal government. The
unsub.us site is not run or authorized by FTC.
FTC's concern: This site "could be part of a high-tech scam that uses
a deceptive Web site to trick consumers into disclosing their e-mail
address or other sensitive personal information. This site may be a
ruse to collect valid e-mail addresses to sell to spammers. The
result could be even more spam for consumers who sign up for this
`registry.' Or it may be even worse--some scammers have collected
information through bogus web sites like this one that mimic those of
legitimate organizations, and then used the information to commit
(FTC Release, February 12, 2004.)
FTC SEEKS PUBLIC COMMENT ON PROPOSED AMENDMENT OF TELEMARKETING SALES RULE
On February 10, 2004, FTC proposed to amend the "Do Not Call"
provisions of the Telemarketing Sales Rule (TSR) to require that
telemarketers subject to the Rule access the National Do Not Call
Registry and purge numbers on the Registry from their call lists
every month. The TSR currently requires telemarketers to do this on a
FTC seeks comment on two specific issues:
First, it wants comment on the proposed amendment's use of the phrase
"thirty (30) days" rather than "once a month," the phrase currently
in the statute. The "thirty (30) days" language is used for greater
clarity and to effectuate the two-fold intent of the Congress in the
Appropriations Act, which was to shorten from quarterly to monthly
the interval for telemarketers and sellers to purge registered
telephone numbers from their calling lists, and to enable consumers
to assert valid Do Not Call complaints one month after entering their
numbers on the Registry - rather than waiting three months, as they
must do now.
Second, FTC seeks comment on the appropriate effective date for this
The deadline for comment is February 26, 2004.
(Notice of Proposed Rulemaking to Amend the Telemarketing Sales Rule
(TSR) Pursuant to the Consolidated Appropriations Act of 2004; Agency
Seeks Comment on Amendment of the TSR to Require Monthly (rather than
Quarterly) Scrubbing of Call Lists Text of Notice, FTC File No.
R411001, February 10, 2004.)
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