Case study:

• Ripoffs Unlimited: a Critical Examination of Response Unlimited - a Christian Direct Mail Company
  by James Lloyd (Christian Media Ministries) - 2005

Topic notes

Relevant legal, regulatory documents and bills under discussion:

• the Telephone Consumer Protection Act (TCPA) (47 USC section 227) Dec 1991 with later amendment,
  restricting telemarketing practices by phone and fax
• FCC's regulations for TCPA, 47 CFR 64.1200, Jul 2003
• the Telemarketing and Consumer Fraud and Abuse Prevention Act (Public Law 103-297 - 15 USC section 6101) Jan 1994
• The Telemarketing Sales Rule 16 CFR 310, Jan 2003, FTC's regulations for TCFAPA introducing a Do Not Call National Registry
• the Gramm-Leach-Bliley Act (GLBA Public Law 106-102) Nov 1999, policing the right of financial institutions to share customer data
• the Privacy of Consumer Financial Information rule (16 CFR 313) May 2000, issued by the FTC pursuant to GLBA
• CAN-SPAM Act of 2003 (Public Law 108-187), Dec 2003,
• FTC's Definitions and Implementations Under the CAN-SPAM Act Rule, Jan 2004,
• Junk Fax Prevention Act of 2005, bill S 714 passed by Congress in Jun 2005 and signed into law by the President in Jul 2005
• California Shine the Light law (Cal. Civil Code 1798, sections 83-84) May 2003, aka SB 27, regulating list-based marketing
• A bill introduced by Senators Specter and Leahy,
  proposing to extend to all data brokers regulations similar to those currently applied to consumer credit report agencies
• FCC's order, Jun 2005, deferring some revised rule enforcement pursuant to TCPA until Jan 2006, to avoid conflict with the Junk Fax Act

Relevant guidance documents from the Federal Trade Commission:

• Complying with the Telemarketing Sales Rule

The National Do Not Call Registry

• Telemarketers entry page

Further help from:

• the Federal Trade Commission: resource page on telemarketing for consumers and businesses
• other non for profit sources:
  • the Electronic Privacy Information Center, on California SB 27
• marketing industry associations: (warning: some of the best information is reserved to association members)
  • the Direct Marketing Association (see the Ethical Best Practices section)