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Dreher Tomkies LLP
Attorneys at Law
2750 Huntington Center
41 South High Street
Columbus, Ohio 43215
Telephone: 614-628-8000
Fax: 614-628-1600

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The Federal Trade Commission has issued a Notice of Proposed Rulemaking to add a new section to the Telemarketing Sales Rule (“TSR”) that would require the imposition of user fees on telemarketers for their access to a national do‑not‑call registry. The proposed rule is related to an earlier proposal by the FTC to amend the TSR to establish a centralized national do‑not‑call registry to be maintained by the FTC. Although the FTC has not made a final determination regarding the establishment of a national do‑not‑call registry, it has begun to consider the funding for the development and operation of the registry.

The FTC estimates that (i) the cost to develop and operate a national registry will be approximately $5 million in the first year, of which $3 million will come from user fees and (ii) 3,000 telemarketers may pay for access to the information in the national registry. The FTC considered but rejected charging consumers directly for adding their telephone numbers to the registry. Instead, the FTC is proposing a fee structure for telemarketers based on the number of different area codes of data used at a rate of $12 per year per area code of data, except that there would be no charge to obtain data from only one to five area codes. The FTC proposes to cap the maximum annual fee at $3,000 for using 250 area codes of data or more. Telemarketers who work on behalf of multiple clients would be required to pay to access a separate list of area codes of data for each client. Telemarketers would also be required to certify that they are accessing the registry solely to comply with the provisions of the TSR.

Written comments on the proposed rule will be accepted by the FTC until June 28, 2002.

If you would like more information, a copy of the proposed rule or assistance in drafting or reviewing comment letters, please contact Judy Scheiderer at (614) 628‑1607 or [email protected].