The Federal Communications Commission has issued a notice of proposed rulemaking soliciting comments on possible changes to its telemarketing rules, 47 C.F.R. § 64.1200, implementing the Telephone Consumer Protection Act, 47 U.S.C. § 227, in light of the significant changes in telemarketing practices since the rules were adopted in 1992. The Commission has requested comments on:

  • Whether the rules need to be revised to fulfill more effectively Congress’ mandates in the TCPA ( i.e., to balance individuals’ privacy rights, public safety interests and commercial freedom of speech in a way that protects privacy and permits legitimate telemarketing practices);
  • Whether the Commission should (i) refine its existing rules or (ii) adopt additional rules on the use of autodialers, prerecorded messages and unsolicited facsimile advertisements;
  • The effectiveness of company‑specific do‑not‑call lists; and
  • Whether to revisit the option of establishing a national do‑not‑call list, and, if so, how such action might be taken in conjunction with (i) the Federal Trade Commission’s recent proposal to adopt a national do‑not‑call list and (ii) the various state do‑not‑call lists.

Written comments will be accepted until 45 days after publication in the Federal Register.

For more information regarding this Alert , or to obtain a copy of the proposed rule or assistance in drafting or reviewing comment letters, please contact Mike Tomkies at (614) 628‑1603 or [email protected] , Margaret Stolar at (614) 628‑1616 or [email protected]