Case study:
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Topic notes
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Attention
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for up-to-date link information, see
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Relevant legal, regulatory documents and bills under discussion:
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the Telephone Consumer Protection Act (TCPA) (47 USC section 227) Dec 1991 with later amendment,
restricting telemarketing practices by phone and fax
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FCC's regulations for TCPA, 47 CFR 64.1200, Jul 2003
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the Telemarketing and Consumer Fraud and Abuse Prevention Act (Public Law 103-297 - 15 USC section 6101) Jan 1994
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The Telemarketing Sales Rule 16 CFR 310, Jan 2003, FTC's regulations for TCFAPA introducing a Do Not Call National Registry
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the Gramm-Leach-Bliley Act (GLBA Public Law 106-102) Nov 1999, policing the right of financial institutions to share customer data
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the Privacy of Consumer Financial Information rule (16 CFR 313) May 2000, issued by the FTC pursuant to GLBA
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CAN-SPAM Act of 2003 (Public Law 108-187), Dec 2003,
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FTC's Definitions and Implementations Under the CAN-SPAM Act Rule, Jan 2004,
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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
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California Shine the Light law (Cal. Civil Code 1798, sections 83-84) May 2003, aka SB 27, regulating list-based marketing
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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
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FCC's order, Jun 2005, deferring some revised rule enforcement pursuant to TCPA until Jan 2006, to avoid conflict with the Junk Fax Act
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Relevant guidance documents from the Federal Trade Commission:
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The National Do Not Call Registry
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Further help from:
- the Federal Trade Commission: resource page on telemarketing for consumers and businesses
- other non for profit sources:
- marketing industry associations: (warning: some of the best information is reserved to association members)
these links do not represent an endorsement of any organisation, public or private, and no compensation has been received nor sollicited by the author for their inclusion.
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June 2005 |