DMA Softens Objections To 'Do Not Call' Law
WASHINGTON (AdAge.com) -- The Direct Marketing Association today softened its position against a federally-mandated "do not call" list for telemarketers, suggesting it biggest desire is a "one stop" list that would keep marketers from having to buy separate lists from state and federal agencies. At first the DMA seemed to endorse a proposal for a national do-not-call list from the Federal Communications Commission, but the trade group said afterward "the jury is out" on whether the government should get involved with preventing telemarketers from reaching consumers. The DMA's comments came after the House Energy and Commerce Committee heard Federal Trade Commission Chairman Timothy Muris plea to Congress for it to allocate $16 million the FTC says it needs to fund its own do-not-call list. Marketers will eventually pay the list's whole cost through fees collected to access the list. The DMA's position advocating any sort
We think there should be one-stop shopping for consumers and telemarketers. Telemarketers have been discussing a lawsuit challenging the list arguing that the FTC, which generally polices fraudulent or unfair marketing, didn't have legal authority to proceed against non-fraudulent, non-harassing phone calls, and that the proposal violated marketers' First Amendment rights to call consumers. "The states are going forward, and we could have 50 lists, and you have a situation where it is very expensive [to comply] and it really hampers interstate commerce. "The foundation of any legal challenge would be partially on statutory and partially on a constitutional basis. Cerasale said the DMA supported a government list put forth by the FCC rather than the FTC because the FCC has authority over a broader range of marketers, including heavy telemarketers such as banks and telephone companies, and he denied that there was hope marketers would get a better deal under FCC Chairman Michael Powell. "You go with reality," he said, citing the number of states implementing their own lists. Mattingley said even if that happened, a lawsuit was still likely. The spokesman said the DMA still thinks its own voluntary list is sufficient. Cerasale misspoke and the DMA isn't pushing for the government to act. Misspoke A DMA spokesman, however, later said that Mr. "If the FTC list goes into effect and people still get calls [because some marketers aren't covered by the FTC rules], it would be another black eye for direct marketers," he said. "Our objection is with the concept of blanket do-not-call list," he said.
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