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.

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “DMA Conveniently Can't Hand Over Do Not Call List To FCC”

Subscribe: RSS Leave a comment
1 Comment
Bob Dole says:

Hand over the list!

The telemarketers are stretching to say they can’t hand over the list. See the most recent letter (PDF) from the FCC Chairman to the DMA:

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.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...