Legal Matters: Double Jeopardy Over State Do-Not-Mail Bills

Congress has reinforced the anti-telemarketing rule by passing the Do Not Call Improvement Act, which assured that telephone numbers in the registry won’t be removed automatically.

The FTC has put teeth into Do Not Call through aggressive enforcement actions. Orlando, Fla.-based Westgate Resorts recently received a civil penalty of nearly $1 million. Accumen Management Services agreed to pay more than $275,000 to settle charges. The FTC claimed these companies engaged in outbound telemarketing to consumers whose phone numbers were on the Do Not Call Registry without obtaining their express written consent or having an “established business relationship” with them.