DMA Conveniently Can't Hand Over Do Not Call List To FCC
from the funny-how-that-works dept
How convenient. As we expected on Thursday, the Direct Marketing Association has now officially decided that they simply can't give the FCC their copy of the Do Not Call list, as it would (oh no!) break the law. It's fairly amazing how we ended up in this situation. First, we have the FTC as keepers of the list, which the DMA is downloading regularly to keep track of who they can't call. As part of access to that list, the FTC has put in language saying that it's illegal to share the list with anyone who is not a telemarketing firm. Then, a judge comes along and shuts down the list, saying that it violates the First Amendment. Suddenly, the FTC can't let anyone access the list. Along comes the FCC to the rescue saying that they will run the list instead. Except... they don't have a copy of the list. The FTC has shut down their copy of the list. The only one who has the list... happens to be the telemarketers themselves. The FCC politely asks the DMA if they can send over their last copy of the list, so that the FCC can start enforcing the list and fining DMA members. You can just imagine the DMA heads laughing hysterically as they shake their heads and apologize, pointing out the FTC's language on the list saying that it would be against the law to share it with anyone who wasn't a telemarketer.
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Hand over the list!
http://www.fcc.gov/commissioners/powell/dma_letter_100303.pdf
Regardless of whether the FCC gets the list from them, it has the power to subpoena anything it needs in the course of a formal investigation of a rule violation. Telemarketers can either produce the easy way, or the hard way. Looks like they're going for the latter.
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