DMA Applauds FCC’s Pre-emption Clause in Do-Not-Call List

The Direct Marketing Association praised the Federal Communications Commission today because the agency’s national do-not-call registry preempts state laws for interstate telemarketing.

In its notice to implement the DNC list, published in the Federal Register, the FCC stated: “any state regulation of interstate telemarketing calls that differs from our rules almost certainly would conflict with and frustrate the federal scheme and almost certainly would be preempted.”

The FCC national list would not, however, override state DNC registries, and the DMA believes it should.

“By applying the national do-not-call registry to all calls, both interstate and intrastate, there is no justification for continued existence of the state lists.” said Louis Mastria, director of public and international affairs at the DMA, in a statement.

The FCC voted unanimously on July 7 to adapt changes to the Telephone Consumer Protection Act of 1991. The changes call for a single nationwide do-not-call list formed by the FCC and the Federal Trade Commission. The changes also restrict marketers from calling customers that have not made a purchase within 18 months, or an inquiry within three months and set rules for callers regarding identifying themselves and blocking information sent to caller ID.