Electronic Marketing Law: An Update On Telemarketing, Commercial Email, And Fax Advertising.

Mondaq Business BriefingNbr. 2007, January 2007

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Electronic Marketing Law: An Update On Telemarketing, Commercial Email, And Fax Advertising.

The law governing electronic communications with consumers is increasingly complex, volatile, and fraught with risk. In this bulletin, we highlight recent events affecting electronic marketing and offer a background article that explores the question: How did telemarketing law get to be such a mess?

Recent Developments

Company-Specific Do-Not-Call Requests: Time to Scrub Your List?

According to the telemarketing regulations of both the Federal Communications Commission ("FCC") and the Federal Trade Commission ("FTC" or "Commission"), telemarketers may not call consumers who previously have asked those callers not to call again. Such company-specific requests must be honored, even if the consumers' telephone numbers are not listed on the national do-not-call ("DNC") registry and even if the consumers have existing business relationships ("EBRs") with the callers. (An EBR exists when the consumer has made a purchase from the caller within 18 months before the call or has inquired about the caller's product or service within 3 months...

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