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Sen. Ben Ray Luján | Senator Ben Ray Luján Official Photo

Luján, Markey: 'We respectfully urge the FCC to issue a guidance along the lines of the FTC’s recent Business Guidance'

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U.S. Sens. Ben Ray Luján (D-NM) and Edward Markey (D-MA) jointly corresponded with the Federal Communications Commission (FCC) on Aug. 8, advocating for the enforcement of the Commission's existing regulations concerning consent for receiving telemarketing calls (robocalls), according to a press release.

"While the consideration of new regulations may be appropriate in some instances, we believe that the FCC’s current regulations already prohibit many of the activities that lead to the proliferation of unwanted telemarketing calls," the senators said. 

The communication to the FCC includes a request for the issuance of guidance reminiscent of the recent Business Guidance from the Federal Trade Commission (FTC), which reaffirms the FCC's well-established criteria for addressing undesirable telemarketing calls. This proposal aims to provide telemarketers and sellers with clear directives akin to those offered by the FTC, thereby facilitating their adherence to these stipulated obligations, the press release reported. 

This collective effort was supported by additional signatories, including U.S. Sens. Chris Van Hollen (D-MD), Peter Welch (D-VT), Elizabeth Warren (D-MA), Angus King (I-ME), Richard Durbin (D-IL), Martin Heinrich (D-NM), Mark Warner (D-VA), Amy Klobuchar (D-MN), Ron Wyden (D-OR) and Gary Peters (D-MI), according to the release. 

“Both the regulations issued in 2003 delineating the rules for telemarketers to obtain consent for calls to lines subscribed to the Do Not Call Registry, and those issued in 2012 governing consent to receive telemarketing calls made with an artificial or prerecorded voice or an automated telephone dialing system, clearly set out the types of protections intended by Congress to eliminate unwanted telemarketing calls,” the senators said. 

This correspondence receives backing from organizations such as Appleseed, Consumer Action, Consumer Federation of America, Electronic Privacy Information Center, National Association of State Utility Consumer Advocates, National Consumers League, Public Citizen, Public Knowledge and U.S. PIRG, according to the release.

“As Congress instructed the FCC 'to maximize consistency with the rule promulgated by the Federal Trade Commission' relating to the implementation of the Do-Not-Call Registry, we respectfully urge the FCC to issue a guidance along the lines of the FTC’s recent Business Guidance restating its long-held requirements for these unwanted telemarketing calls. As inconsistent rules governing the same activity would be problematic, by issuing guidance similar to the FTC’s, the FCC will assist telemarketers and sellers in complying with these requirements,” the senators said in the release.

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