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Washington Report

November 2003

Telemarketers Should Comply With "Do Not Call"

by Robert M. Fells, Esq., general counsel

At this writing, a federal appeals court in Colorado has permitted the Federal Trade Commission to implement its national Do Not Call registry while the FTC is appealing the lower court decision that held the registry unconstitutional.

The Federal Communications Commission, which shares enforcement responsibilities for the Do Not Call Registry with the FTC, is not affected by the court ruling and announced that it would enforce its own regulations as scheduled beginning October 1.

ICFA members who may be affected by the new regulations should regularly check the FTC Web page and the FCC Web page for the latest developments.

Regardless of the court decision, other provisions of the FTC's amended Telemarketing Sales Rule are in effect, including prohibitions against harassing calls and blocking Caller ID. Basic information on the Do Not Call registry can be found on the ICFA Web site.

Copyright ICFA 2003

What the GAO Report Did Not Contain