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Washington Report

October 2003

Do Not Call Registry Deadline October 1

by Robert M. Fells, Esq., general counsel

Telemarketers not otherwise exempt from the new prohibition against calling consumers listed on the FTC national Do Not Call registry must be in compliance by October 1, 2003. The Do Not Call list can be accessed by area code on the FTC Web page and the first five area codes are provided free of charge. The calling lists used by telemarketers must then be "scrubbed" of phone numbers that appear on the Do Not Call list. This procedure must be updated every three months.

Tax-exempt, nonprofit organizations are exempt from complying with the Do Not Call requirements. Other exemptions include situations where there is an "established business relationship" between the caller and the consumer, or where the caller personally knows the person being called for instate calls under the FCC regulations. The exemption under the FTC Telemarketing Sales Rule for "appointment calls" does not apply for purposes of the Do Not Call registry.

More information can be found on the ICFA Web page, www.icfa.org. Detailed compliance information can be found at the Federal Communications Commission Web page and at the Federal Trade Commission Web page..

To download a complete copy of the new GAO report, go to this special section of the ICFA Web site.

Copyright ICFA 2003

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