The American Teleservices Association said the FTC’s proposal Tuesday for a national do-not-call registry complicates an already confusing situation leaving more questions than answers.
“The proposal addresses many of the issues that have faced the industry in the past couple of years,” Matt Mattingley, the ATA’s director of government affairs, said in a statement. “It seems however that the FTC’s solution to some of the problems is to add more legal requirements, instead of enforcing those already in effect. I think once forced with the reality of implementing such a huge, top-down solution, the FTC will be forced to reevaluate its role and the capabilities it intends to offer.”
The proposal for the do-not-call list and other rules revises many aspects of the Telemarketing Sales Rule (TSR). The registry would allow consumers to eliminate most telemarketing calls by making one call to register with the commission.
Mattingley said that 20 states already have do not call registries with wide ranging exemptions, fees, requirements for updates and formats they can be delivered in.
The FTC’s proposal does not preempt these state registries meaning marketers would have to deal with the 20 state lists, the FTC’s registry, a company-specific file required under the Telephone Consumer Protection Act of 1991 and privately-held lists such as the DMA’s Telephone Preference Service, the ATA said.
And, in what the ATA referred to as “the most imaginative part” of the proposal, the FTC plans to offer consumers the opportunity to opt-out of commercial telephone solicitations but to indicate agreement to be contacted by specific companies.
A period of public comment is being taken by March 29 by mail to: FTC, Office of the Secretary, Room 159, 600 Pennsylvania Ave. NW, Washington, DC, 20580 or to e-mail address [email protected]. A public forum will be held at the FTC headquarters after the close of the public comment period.
The TSR, initiated six years ago in March, authorizes both the FTC and state attorneys general to enforce the TSR in federal court. Over the years, $500,000 has been paid in civil penalties and $152 million in consumer redress.
A detailed summary of the proposals is located at the FTC’s Web site at www.ftc.gov.
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