Compliance News: Industry Resource Center
We want our clients to know that we are compliant with the most recent changes to telemarketing laws.
The purpose of the compliance news section is to keep our clients knowledgeable and informed about all compliance changes and updates.
Due to Congress being in recess until September 4, there has been very little news in regards to compliance regulations. Continue reading to learn about the most current regulatory changes (highlighted in green).
FTC
The FTC announced in August that there will be no change this year in the cost of accessing the National Do Not Call Registry. Fees will remain at $62 per area code (with the first five area codes provided free of charge). Access to the entire registry will remain at $17,050. Exempt organizations will still receive access to the registry at no cost.
Colorado
A new state law applies the Telemarketing Sales Rule (TSR) to all activities of state regulated mortgage brokers; impacting brokers or their agents. Now any violations of the TSR by mortgage brokers will be considered violation of state law.
Florida
House Bill 13 is currently being considered by the Florida House. If enacted, political calls would have to disclose at the beginning of the call that the caller is a for-profit telemarketer, and would also ban political calls to numbers on the state do-not-call list.
Kentucky
On June 26, Kentucky adopted the National Do Not Call Registry as the official state list.
Maine
Maine State Bill 655, was recently signed into law and appears to enact the National Do Not Call list. However, the state attorney general must first adopt rules to implement this bill. Also included in State Bill 655: Established Business Relationships (EBRs) are limited to those with existing debt, a new mandatory disclosure of the caller’s first and last name, and callers must abide by the most current national or state do-not-call lists.
New York
State Bill 3543 modified the current State Do Not Call list law to shorten the time period in which a number becomes effective on the National Do Not Call Registry. The time period was changed from three months down to the federal law of 31 days.
Oregon
On July 17, 2007, the State of Oregon enacted Senate Bill 863. This bill allows the use of Automatic Dialers and Announcing Devices (ADADs) during the hours of 9am – 9pm, but only in the following situations: 1. when calling an EBR, 2. the call is subject to the Fair Debt Collection Practices Act, 3. the call is made on behalf of a public safety or law enforcement agency, 4. the call is made on the behalf of a school district or school (not valid in all circumstances).
Pennsylvania
House Bill 1195, which would regulate pre-recorded political messages, is currently under consideration in the Pennsylvania House. This bill would require registration and scrubbing against the National Do Not Call Registry for pre-recorded political messages.
Tennessee
House Bill 1337 / State Bill 753 went into effect July 1. This law impacted the Tennessee Charitable Solicitations Act. Some of the changes include: eliminating the requirements for professional solicitors to post bonds for each of their employees, and eliminates the requirements for professional fundraising counsel bonds. It all grants a 90-day extension for charities to file their renewal.
Back to Issue 5 / September 2007