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FTC Amends Do-Not-Call Regulation to Require More Frequent Scrubbing

The Federal Trade Commission (FTC) recently amended its Do-Not-Call provision of the Telemarketing Sales Rule. According to the amendment, telemarketers will have to scrub their calling lists every 31 days instead of every calendar quarter. This new requirement takes effect January 1, 2005.

In the Consolidated Appropriations Act of 2004, Congress required the FTC to amend its Do-Not-Call regulations to require monthly scrubbing of calling lists. While Congress imposed this mandate on the FTC, it did not require the Federal Communications Commission (FCC) to follow suit. Since the FTC regulates only interstate telemarketing activity while the FCC regulates interstate and intrastate telemarketing, telemarketers may fall under different scrubbing requirements depending upon whether they engage in interstate or intrastate activity.

Unless the FCC follows the FTC's lead, funeral homes that restrict their telemarketing activities to intrastate calls will only have to scrub their lists quarterly rather than every 31 days. However, most observers anticipate that the FCC will amend its Do-Not-Call regulations this year to require telemarketers to scrub their calling lists every 31 days instead of on a quarterly basis.