Friday, August 28

FTC prohibits commercial robocalls

Having knocked them for worrying about beer colors, here's a more positive development via Slashdot:
Nearly a year after announcing the plan, new Federal Trade Commission rules prohibiting most robocalls are set to take effect Tuesday, Sept. 1. With the rules, prerecorded commercial telemarketing robocalls will be prohibited, unless the telemarketer has obtained permission in writing from consumers who want to receive such calls. Hopefully the rules will go a long way to helping consumers eat dinner in peace without being interrupted by amazingly annoying telemarketer blather or in this case prerecorded blather. The requirement is part of amendments to the agency's Telemarketing Sales Rule (TSR) that were announced a year ago. After September 1, sellers and telemarketers who transmit prerecorded messages to consumers who have not agreed in writing to accept such messages will face penalties of up to $16,000 per call.
However:
..for those who have called on the FTC to help eliminate the other phone scourge - political robocalls - the new rules will not help. Calls from political campaigns are considered protected speech the FTC said. Ultimately consumers may get some help from state legislatures as many are regulating or looking to pass laws for more control over automated or robocall computer-generated phone-calling campaigns. One group, the National Political Do Not Contact Registry is campaigning to outlaw political robocalling altogether.
People have an interest in not being harassed by misleading calls near election eve. I think a blanket or opt-in/out ban on political robocalls would be fair and equitable.

What I certainly could not tolerate would be something like McCain-Feingold's mockery of the First Amendment, dictating what some groups—including nonprofits—can and cannot say in their political speech. It's an unconstitutional and unconscionable affront to open democracy.

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