In the past week, the Federal Communications Commission (FCC) began enforcement of the national Do-Not-Call list, after a federal judge barred the Federal Trade Commission (FCC) from implementing it because he said it violates the free speech rights of telemarketers. The judge also blocked the FTC from giving the list to its sister agency, so the FCC asked the Direct Marketing Association (which represents the telemarketers) for its copy of the list. The DMA refused, saying that doing so might be illegal. The DMA has said its members would voluntarily comply with the list while the courts sort things out.

Not having a copy of the list did not deter the FCC from announcing with great fanfare the formation of a special unit to enforce the Do-Not-Call rules. "Telemarketers should make no mistake about it -- the FCC is on the job and we will do everything we can to enforce the FCC's own do-not-call rules," said FCC Enforcement Bureau Chief David H. Solomon.

In large measure, PIA members comply with the fundamentals of the Do Not Call laws because generally the majority of their telecommunications are with clients. However, new state and federal laws create new details that members must brush up on and include in their expressed compliance procedures.

What It Means to Agents: Federal enforcement of the national Do Not Call list will be concentrated primarily on telemarketing firms, not on insurance agencies. But states are now cracking down on this issue in the financial sector. That's why agencies need to remain fully aware of their state requirements along with the details of all Do-Not-Call rules in the states where they do business, and proceed accordingly.

Please send any reports or questions regarding Do Not Call to this special address for the PIA National staff assigned to this issue: FCCteam@pianet.org  We have already received updates from PIA affiliates for Pennsylvania, Wisconsin and Delaware. Further, we've been advised that Nebraska and Minnesota are likewise proceeding.

October 7, 2003