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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