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Q: Do-Not-Call list ( Answered,   0 Comments )
Subject: Do-Not-Call list
Category: Reference, Education and News
Asked by: mannypark-ga
List Price: $20.00
Posted: 04 Dec 2004 13:10 PST
Expires: 03 Jan 2005 13:10 PST
Question ID: 438098
I want to leran more about the U.S. legislature on "Do not call list"
that restricts abusive telemarketing calls. I visited government
websites of FTC and FCC which I found very useful. Can you get me
other helpful information such as articles published on major
newspapers about how consumers/businesses accommodate the rules, any
movement to revise the law, major violations from the law or any
controversial State regulations conflicting the Federal law.
Subject: Re: Do-Not-Call list
Answered By: googlenut-ga on 05 Dec 2004 11:58 PST
Hello mannypark-ga,

I believe the articles listed below address your questions about the
National Do-Not-Call List.


** How consumers/businesses accommodate the rules **

The Cincinnati Enquirer
October 17, 2004 
Telemarketers adjust to do-not-call list
Refocusing averts predicted massive layoffs
?The telemarketing industry appears to have similarly weathered the
creation of the list, which more than 63 million Americans have signed
up for. A year after it went into effect, fears of massive layoffs and
failures among telemarketing companies haven't been borne out.?


?Discount said his company has adjusted by shifting toward
fund-raising for nonprofit groups and business-to-business sales
pitches. Tele-Response has found enough new work that it is back to
former staffing levels, he said.

But some industry executives say telemarketers still face hard times.
Tim Searcy, the ATA's chief executive, said he's standing by his
prediction that some 2 million of the industry's 6.5 million jobs
would be lost because of the federal do-not-call legislation.

"We're still seeing the shakeout of all this," Searcy said.

Firms like Discount's are more heavily emphasizing different kinds of
telemarketing, such as customer service, in which the call centers
receive calls instead of making them. Telemarketers are also carefully
targeting outbound calls to recent customers of companies, Best said.?

Washington Post
In 1 Year, Do-Not-Call List Passes 62 Million
Complaints About Telemarketers Pile Up
June 24, 2004
?The FTC, which is celebrating the one-year anniversary today, said
that as of Friday, 428,000 complaints had been filed against more than
130,000 companies said to have made telemarketing calls to numbers on
the do-not-call list. About 200 companies are repeat offenders with
100 or more complaints each.?


?A recent survey on how well the do-not-call list was working showed
that 87 percent of consumers who registered said they have received
fewer phone calls. According to the study by the Customer Care
Alliance, these consumers received an average 30 sales calls a month
before the list was put into effect; now they are receiving six.?


?The Direct Marketing Association, which represents the companies that
make products sold by telemarketers, said the do-not-call list was
working. "Most legitimate marketers are working hard to comply," said
the association's president, H. Robert Wientzen. But, he said, that
has meant a "loss of jobs and some companies closing." MCI, for
example, announced in March that it was laying off 4,000 employees, or
more than 7 percent of its workforce, because of the do-not-call

Inc. Magazine
Telemarketing After " Do Not Call" 
With millions of Americans against them, are telemarketers throwing in
the towel or developing new tactics? Guess.
November 2003
?Still, many telemarketers are refusing to hang up the phone, even in
the face of higher costs and bigger headaches. Why? Because
telemarketing works. Depending on who's making the calls, the tactic
turns in a response rate of anywhere between 2% and 20%, according to
the American Teleservices Association. So while the majority of those
called slam the phone down, a steady supply of takers respond with a
purchase. The question for legit telemarketers is how to keep a proven
tactic in the arsenal without running afoul of the Feds or making
consumers even angrier.?


** Any movement to revise the law **

San Francisco Chronicle
Do Not Call list imperiled
Sunday, December 5, 2004
?About 66 million Americans have signed up for the national Do Not
Call Registry, resoundingly declaring their desire not to be bothered
by telemarketers.

"It's been a wild success," acknowledged Allen Hile, a spokesman for
the Federal Trade Commission in Washington.

So why mess with it? 

That's what the FTC says it may do in response to a petition from
Voice Mail Broadcasting Corp., a Southern California direct-marketing
firm that specializes in blitzing consumers with prerecorded phone

Chicago Sun Times
Loophole would let messages penetrate Do Not Call list 
November 27, 2004
?The agency overseeing the national Do Not Call Registry is
considering opening a loophole in the year-old program to allow
companies to deliver ''pre-recorded message telemarketing.''?

Supreme Court lets do-not-call list stand
?The Supreme Court Monday declined to hear a final legal challenge to
the federal do-not-call list, letting stand a lower court ruling that
telemarketers' free-speech rights are not violated by the registry.

The justices, without comment, rejected telemarketers' appeal of a
February ruling by the U.S. Court of Appeals for the 10th Circuit that
upheld the constitutionality of the popular year-old list.?

Washington Post 
High Court Lets Stand Do-Not-Call Ruling
October 4, 2004


** Major violations from the law **

Chicago Sun Times
Do Not Call list called a success, but many find way around it 
November 3, 2004
?The "National Do Not Call Registry," begun in October 2003 to help
consumers avoid annoying telemarketing calls, has been hailed as a
success with about 64 million phone numbers on the list and 92 percent
of consumers who signed up saying they now get fewer calls.

But some charity watchdog groups and a federal agency that oversees
telemarketing are warning that some telemarketers are taking advantage
of exceptions in the federal law for charities and political
fund-raising and pitching causes that might not be legitimate.? 
Hanging up on persistent Do-Not-Call violators
?Earlier this month, the FTC took its first enforcement action under
the new provisions by shutting down National Consumer Council, a
debt-consolidation agency posing as a nonprofit group which had called
consumers on the Do Not Call list.

The California Attorney General's Office is suing another entity ?
L.M.A. Marketing Inc. of New Smyrna Beach, Fla. ? for violating
registry rules because it placed automated calls to California
consumers under the guise of conducting a "survey."

In a prerecorded message, the company ? doing business as Mortgage
Concepts ? asked whether the consumer was interested in refinancing.
If the consumer presses the correct buttons, a salesman calls back to
pitch a refinancing service.?
FTC Takes Action Against First Do-Not-Call List Violator
?May 4, 2004 --The Federal Trade Commission (FTC) took its first
action against violators of the do-not-call list today. The FTC has
filed a complaint against a group of defendants masquerading as a
nonprofit debt negotiation organization to access and call names on
the National Do No Call Registry. (Charities, political organizations,
and organizations conducting surveys are not covered by the Do Not
Call provisions.)?


** Controversial State regulations conflicting the Federal law **

I wasn?t able to find any information about conflicts between state
and federal do-not-call laws.  In fact, many state merged their lists
with the national list when it went into effect. 
Public floods system in rush to block telemarketers
?Twenty-seven states have do-not-call lists for intrastate
telemarketing. Thirteen have said they will transfer numbers on their
lists to the federal registry, or about 14 million names, and three
are considering bills to permit such transfers. People in the
remaining 11 states must sign up separately for the federal registry
to block interstate calls.?

New York State Office of the Governor
June 10, 2003

Direct Marketing Association 
State Do Not Call List Laws -- March 2004


** Other information **

CRM Daily
Do Not Call Advertisement Sparks Uproar
December 3, 2004

Washington Post
Telemarketer Fees May Increase
Firms Would Have to Pay More to Access Do-Not-Call List
April 27, 2004


I hope you have found this information helpful.  If you have any
questions, please request clarification prior to rating the answer.


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