The Direct Marketing Association last week rejected the Federal Communications Commission's request that it share a copy of the national no-call list to aid in enforcement efforts.
In a letter to FCC chairman Michael Powell, the DMA wrote that statements at a Sept. 30 Senate committee hearing by the Federal Trade Commission indicated that anyone who shares the list might face prosecution. Because of that, the DMA cannot provide the FCC with the list, though the association has asked its members to voluntarily comply with no-call regulations.
“The DMA appreciated Chairman Powell's request and is genuinely committed to working with the FCC in a constructive manner to honor consumers' requests,” said H. Robert Wientzen, president/CEO of the DMA.
The FTC, which runs the list, is blocked from sharing it with the FCC because of an order by Judge Edward W. Nottingham of U.S. District Court in Denver. Nottingham earlier ruled that the no-call list violated First Amendment rights and last week told the FTC that it could face trouble if it tried to sidestep his decision by enforcing the list through the FCC.
The FCC has stated that it intends to enforce the list anyway but may face difficulties due to the judge's decision. The FCC received about 775 complaints from consumers on Oct. 1, the day enforcement of the list officially began, and Oct. 2.
