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Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain Dec 2004

Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain

Federal Communications Law Journal

In 2003, the Federal Trade Commission ("FTC") revised its Telemarketing Sales Rule ("TSR") to establish a national Do-Not-Call Registry for commercial telemarketing. Congress directed the Federal Communications Commission ("FCC") to coordinate its telemarketing regulations under the Telephone Consumer Protection Act ("TCPA") of 1991 to achieve maximum consistency between the two agencies' telemarketing restrictions. Nonprofit solicitation is exempt from the national Do-Not-Call Registry, but is covered by other provisions of the FTC rule. The TSR created a new in-house no-call list requirement and imposed additional restrictions not previously known for nonprofit solicitors. The separate nonprofit provisions of the TSR raise unique …


Telemarketing Sales Rule Commentary — Cox Enterprises, Inc. Jan 2004

Telemarketing Sales Rule Commentary — Cox Enterprises, Inc.

Richmond Journal of Law & Technology

Cox Enterprises, Inc. (“CEI” or “Cox”) hereby submits these comments in response to the Federal Trade Commission’s (“FTC”) Notice of Proposed Rulemaking relating to the proposed amendment of the Telemarketing Sales Rule (the “TSR” or “Rule”). Cox welcomes this opportunity to comment on the proposed amended Rule, and strongly supports the efforts of the FTC to protect consumers from fraudulent and deceptive telemarketing.


The Do-Not-Call List’S Big Hang-Up, Jared Strauss Jan 2004

The Do-Not-Call List’S Big Hang-Up, Jared Strauss

Richmond Journal of Law & Technology

On October 1, 2003, the Federal Trade Commission’s National Do- Not-Call Registry was supposed to go into effect. By forbidding companies and telemarketers from making unsolicited calls to anyone who had registered their phone number on the list three months prior, this program culminated a decade’s worth of efforts to alleviate consumer frustration with unwanted sales calls. However, on September 27, 2003, the District of Colorado derailed the registry, holding that the rule made an unconstitutional distinction between commercial and noncommercial speech by covering commercial calls and exempting calls for charitable, religious, or political organizations.


“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Timothy J. Muris Jan 2004

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Timothy J. Muris

Richmond Journal of Law & Technology

As you know, the Commission adopted the Registry as one of the amendments to the Telemarketing Sales Rule (TSR) announced December 18, 2003, and formally promulgated in the Federal Register on January 29, 2003. On March 11, 2003, President Bush signed into law the Do Not Call Implementation Act (DNCIA), which provides for the FTC to collect fees from sellers and telemarketers to fund the establishment and maintenance of the National Do Not Call Registry. Congress enacted this legislation, and provided complementary appropriations, to support the FTC’s decision to establish such a Registry (conditioned on funding) as part of its …


“Do-Not-Call List” Testimony: Before The House Committee On Energy And Commerce, Timothy J. Muris Jan 2004

“Do-Not-Call List” Testimony: Before The House Committee On Energy And Commerce, Timothy J. Muris

Richmond Journal of Law & Technology

Mr. Chairman, I am Timothy J. Muris, Chairman of the Federal Trade Commission.1 I am pleased to appear today, on behalf of the Commission, to provide the Committee with information about our recently-announced amendments to the Telemarketing Sales Rule (“TSR” or “Rule”). In particular, you have asked about our request for authority to collect fees to offset the costs of implementing the “do-not-call” amendments to the TSR. Our testimony provides an overview of the TSR amendment process, discussion of the do-not-call provisions, and an examination of the funding request. The do-not-call registry is an important aspect of the Commission’s ongoing …