NIXON PEABODY LLP
On behalf of our client, Gannett Co., Inc. ("Gannett"), we submit two comments on the TSR.
1. Do-Not-Call Lists
Gannett respectfully submits that the Commission should consider the issue posed by persons moving from numbers that had been placed on "do-not-call" lists. The 10-year maintenance requirement far exceeds the average time that the requesting individual remains at a number (particularly in urban areas). This could be improved upon by shortening the 10-year term, or in the alternative, by enabling telemarketers to place numbers back on call lists once a consumer has left a particular number. This might be as simple as requiring telephone carriers to make information available to telemarketers regarding discontinued accounts and changed telephone numbers.
2. Overlapping State Regulation.
Gannett additionally expresses its concern about the overlapping and in many cases far-reaching state laws and regulations.
Many state regulations and statutes contain timing requirements for required disclosures that diminish the effectiveness of telemarketing and also represent a potential infringement upon the telemarketer's rights. Unlike the original do-not-call concept documented by the TCPA and strengthened by the TSR, these variations are almost unmanageable, and preclude the use of simple standard operating procedures and data processing flow charts. Even at present, the plethora of state do-not-call provisions and state-maintained databases require multiple processing models due to inconsistent formats and data provided by each state. This problem will only worsen as additional states implement such regulation.
The increasingly far-reaching and overly restrictive state regulations offer limited (if any) additional benefit to consumers, and impose extreme burdens on legitimate telemarketers. We would therefore urge the Commission to consider preemption of individual state telemarketing regulation as it weighs alternatives in the weeks and months ahead.
Gannett appreciates the opportunity to provide its thoughts and experience in this area, and would be pleased to provide additional input, should the Commission feel that it would be useful as it proceeds.
Christopher Cihon, Esq.
CC: "Cihon, Christopher" <CCihon@nixonpeabody.com>