FOR IMMEDIATE RELEASE December 28, 1999

NEWS MEDIA CONTACT: John Winston (202) 418-7450

The Commission today released an order affirming that its telemarketing rules require telephone solicitors to maintain their do-not-call lists on a telephone number basis, rather than requiring all persons residing in a particular residence to make individual do-not-call requests. The Commission's order resolves a formal complaint filed by Consumer.Net against AT&T claiming violations of the Telephone Consumer Protection Act of 1991 (TCPA) and the Commission's telemarketing rules that implement that Act.

In finding that AT&T had violated the Commission's rule governing do-not-call lists, the Commission noted that section 64.1200(e)(2)(iii) of the rules requires telemarketers to place a telephone subscriber's name and telephone number on a do-not-call list at the time such a request is made. The Commission previously has recognized that some consumers wishing to be placed on a do-not-call list may not want to provide telemarketers with their name, and has emphasized that consumers who decline to provide their name still must be placed on a do-not-call list based on their telephone number. In today's order, the Commission found that a telemarketer may not negate the requirement to place a telephone number on a do-not-call list by claiming that it was trying to reach someone else at the same number. The Commission found that AT&T had violated the do-not-call rule by making a telephone solicitation to the wife of a consumer who previously requested that the couple's telephone number be placed on a do-not-call list.

The Commission also found that a telephone solicitation by Universal Card Services Corporation, an AT&T affiliate, violated the rules by failing to honor a consumer's request to be placed on an AT&T company-wide do-not-call list. In addition, the Commission found that in one instance AT&T had failed to provide its written do-not-call policy to a consumer who had requested that document. The Commission found that Consumer.Net had not proven its allegation that on other occasions AT&T did not provide its do-not-call policy to requesting consumers, and likewise denied all other aspects of Consumer.Net's complaint.

Enforcement Bureau Contact: Mary Romano at 202-418-7320
Consumer Information Bureau Contact: Pamera D. Hairston at 202-418-1400