Telemarketing and telephone solicitations, are regulated by federal and state law. The federal statutes are the Telephone Consumer Protection Act (“TCPA”), enforced by the Federal Communications Commission and the Telemarketing and Consumer Fraud and Abuse Prevention Act (“(TCFA-PA”), enforced by the Federal Trade Commission. In two papers, NAA has summarized some of the major changes recently adopted by the FTC and FCC. As of October 2003, sellers and telemarketers must refrain from calling customers who register their telephone numbers on the national do not call registry, unless the seller or telemarketer falls within a specified exemption. Newspapers must comply with both the FTC Rules and FCC Rules governing telemarketing or telephone solicitations.

FTC Summary on Do-Not-Call Rules

FCC Summary on Do Not Call Rules

As of August 2003, pre-recorded or artificial voice messages that include or introduce and “unsolicited advertisement” are prohibited unless the recipient has given prior express consent or has an EBR with the seller or telemarketer.

Telemarketers are prohibited from using automated telephone dialing equipment to dial wireless numbers or any numbers for which the consumer is charged for the call, or for dialing for the purpose of determining if the number is a fax or voice line. The FCC has established a limited safe harbor for telemarketers who place pre-recorded messages or use automated dialing equipment to call recently ported wireless telephone numbers.

In 2004, the Tenth Circuit U.S. Court of Appeals in consolidated cases upheld the national Do Not Call registry as a constitutional commercial speech regulation because it directly advances the government's substantial interest in protecting consumer privacy and reducing the danger of telemarketing abuse without burdening an excessive amount of speech.