Nov 302015
 
 November 30, 2015  Business, Govt

Klein Moynihan Turco write:

The FTC’s recent rulemaking contains three separate amendments with respect to Do-Not-Call regulations.

First, the FTC did away with the traditional safe harbor protections afforded to telemarketers and sellers for inadvertent entity-specific Do-Not-Call violations, unless such parties are able to obtain the information necessary from the consumer to honor an internal Do-Not-Call request. Additionally, the amendment adds illustrative examples of the types of burdens the Commission regards as impermissibly interfering with a consumer’s right to be placed on a seller’s internal Do-Not-Call list, including:

  • harassing consumers who make such a request;
  • hanging up on such consumers;
  • failing to honor the request;
  • requiring the consumer to listen to a sales pitch before accepting the request;
  • assessing a charge or fee for honoring the request;
  • requiring the consumer to call a different number to submit the request; and
  • requiring the consumer to identify the seller or charitable organization making the call or on whose behalf the call is made.

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