Saturday, November 27, 2004
The FTC doesn't think loophole would have dramatic results.
SCRIPPS HOWARD
WASHINGTON -- 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" to American homes.
The Electronic Privacy Information Center, a Washington-based privacy watchdog, says the change could result in the 64 million people enrolled in the list being bombarded by "answering-machine spam" and other unwanted voices on voice mail.
"Even those enrolled in the Do Not Call Registry will be affected by the proposed loophole," the group says.
The Federal Trade Commission says it does not believe the change would have any dramatic results.
Allen Hile of the FTC's division of marketing practices, who is overseeing the proposed rule change, said the measure sought by the Voice Mail Broadcasting Corp. is only intended to bring FTC rules in line with those of the Federal Communications Commission; the FCC rules permit pre-recorded telemarketing messages to customers of companies.
Hile said companies would be allowed to send the messages only to their existing customers or those with which they already have business relationships. If they object to the calls, they would have the "opt out" of receiving further calls, he said. Hile added that companies using the method to contact customers would also have to clearly identify themselves in their messages.
Public comments
The FTC has established the Web site https://secure.commentworks.com/ftc-tsr for the public to comment on the proposed change by Jan. 20.
EPIC says altering the rules of the Do Not Call list at this time is dangerous because telephone technology is changing with the use of virtually cost-free Internet calling.
The organization says that if the calls are permitted, Voice Mail Broadcasting should be required to get permission from consumers before sending messages to their phones, a so-called "opt-in" plan. Telemarketers oppose opt-in proposals. Voice Mail says its technology can send 1.5 million messages a day, and EPIC says that if the loophole is opened, other companies can be expected to take advantage of it as well.