The Federal Communication Commissions do-not-call rules remain in effect and are being enforced to the greatest extent possible, says FCC Chairman Michael K. Powell.
However, he acknowledges, the legal controversy surrounding the do-not-call issue may hamper the FCCs enforcement efforts.
The series of often conflicting court decisions involving the do-not-call issue has created a tremendous amount of confusion, but as of press time the situation is as follows:
Powell says in a statement that the FCCs rules, which specifically apply to the insurance industry, have not been disturbed by recent court cases involving the do-not-call rules issued by the Federal Trade Commission.
He notes that the 10th Circuit Court of Appeals, which will be hearing arguments over whether the do-not-call rules are constitutional, refused to block the FCCs rules from taking effect.
“The Commission intends to continue to administer and enforce its rules to the fullest extent possible as the litigation proceeds,” Powell says.
However, in a subsequent statement to the Senate Commerce Committee, he acknowledges that as a practical matter, legal challenges to the Federal Trade Commissions rules affect the FCCs enforcement efforts because the two agencies are working in partnership.
Most directly, he says, to the extent that federal court rulings prevent the FCC from gaining access to the FTCs database, the FCCs enforcement efforts will be hampered.
While the FCC is working hard to clarify the legal landscape, Powell says, the FCC will enforce its do-not-call rules against telemarketers to the greatest extent possible.