Kelley Drye

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Improving Enforcement of the Do Not Call Rules

December 1, 2009 | CommLaw Conspectus

The article discusses the Federal Trade Commission (FTC) rule prohibiting “robocalls” that is going into effect and other potential improvements to the Telemarketing Sales Rule that should be considered. It argues that telemarketers should be allowed to disclose violations of the Do Not Call (DNC) provisions before the start of a formal violation investigation, in exchange for reduced penalties for those violations. The article suggests that the change to the DNC provisions could increase the detection of violations of the DNC provisions and would help to align the interests of the telemarketers with the interests of the FTC to enforce the provisions.
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