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Telephone Consumer Protection NPRM


To: Consumer Contact List
Karen Peltz Strauss, RERC-TA
Re: Telephone Consumer Protection NPRM

Date: March 25, 2003

On September 18, 2002, the FCC released proposed rules concerning the Telephone Consumer Protection Act. On December 18, 2002, the Federal Trade Commission released an Order creating a do-not-call registry and promulgating other changes to its telemarketing rules. On March 11, 2003, Congress passed the Do-Not-Call Implementation Act, requiring the FCC to (1) coordinate with the FTC to properly implement the Act, and (2) to implement regulations within 180 days of March 11, 2003. The FCC has now released a further notice of proposed rulemaking to gather comment on how to harmonize the rules being issued by the two agencies. No date for comment has yet been set.

The following is my previous summary of the FCC's proposed rules on this issue as they affect people with disabilities:

Telephone Consumer Protection Act: This Act, known as TCPA, was enacted in 1991 to protect consumers from unrestricted and unsolicited telephone advertising. In this new notice of proposed rulemaking, the FCC is seeking comment on whether to revise its rules that implement the TCPA. Among other things, the FCC is seeking comment on its rules concerning unwanted telephone solicitations, the use of automatic dialing systems, and company-specific do-not-call lists. When a company receives a request from a consumer to be put on its do-not-call list, it is no longer permitted to contact that consumer for many years. In paragraphs 14 and 17 of the attached NPRM, the Commission is specifically seeking comment on the extent to which people with disabilities have the opportunity to put their names on these lists and the extent to which people with hearing and speech disabilities are able to convey requests to telemarketers that they want to be on those lists.

RULES AND REGULATIONS IMPLEMENTING THE TELEPONE CONSUMER PROTECTION ACT OF 1991. Issued a Further Notice of Propose Rulemaking seeking comments in this proceeding. (Dkt No. 02-278). Action by: the Commission. Adopted: 03/24/2003 by FNPRM. (FCC No. 03-62). CGB

<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-62A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-62A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-62A1.txt>


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