FCC Proposes Fining AT&T Over DNC Violation

Iphtashu Fitz writes "The FCC has just announced a proposed $780,000 fine against AT&T for violating the recently enacted Do Not Call telemarketing rules. The FCC charges that AT&T marketers called 29 consumers on 78 different occasions after those consumers had signed up on the Do Not Call list. The FCC has posted a press release (pdf) to this effect on their web site."

Comments

Protect Personal Privacy!

[dukeluke]

Personally, I support the DNC list - I hate being interrupted at all hours of day or night for solicitations. My motto? - If I want your product/service - I'll come to you to find out what you have to offer.

Re:Protect Personal Privacy!

[jfengel]

I mostly support you on this, but not quite completely. I am the owner of two small businesses, and a small business finds it very hard to get the word out about its existence. If you don't know it's out there, you won't go looking for it.

Everybody knows AT&T, and as far as I'm concerned they should pay the maximum penalty plus an idiot tax for doing precisely what they've been told not to do. But I wish I could find a way to get in contact with the many people who would probably come see the plays that my theater troupe puts on if they only knew it existed.

I'm not trying to claim that I'm going to try telemarketing for that; I wouldn't even if it would be cost-effective. I'm not even proposing that telemarketing should be allowed at all. It's an obvious violation of privacy, as well as being obnoxious, and if obnoxious is all you've got, give up. I'm just challenging one of your assumptions, that "I'll come to you to find out what you have to offer."

For myself, I'll keep trying the old-fashioned way: putting on good theater and hoping that eventually positive word of mouth will bring people out to see it, and being grateful that I'm not expecting to make a living off of it.

(And passing up the crass opportunity to get myself modded down by putting the URL for my theater group on Slashdot. Not that I won't get modded down anyway for explaining, if not excusing, some telemarketers.)

This could be wonderful, but it could backfire

[FreeBSD Goddess]

I say this is great because if AT&T gets fined, it shows that nobody's above the rules and will send a message to all the smaller telemarketers who might be tempted to ignore the DNC. It's nice to know that nobody, no matter how big or small, is above the rules.

On the other hand, as we all know, the DNC is hotly contested in court as possible free speech violations, among other things. I don't think the courts really care about the small telemarketer and their rights, but someone with the size, lobbying ability, and lawyer teams that AT&T has really could put up a good fight to the law.

It's a nice precedent to see AT&T fined for this, but I hope it doesn't backfire.

Not the "Do Not Call" list

[monkeydo]

This is NOT about the federal "Do Not Call" list.

The Commission found that AT&T apparently made telephone solicitation calls to 29
consumers on 78 separate occasions after those consumers had requested that AT&T not call
them again. The Commission therefore concluded that AT&T had apparently violated the FCC's company-specific Do-Not-Call rule, section 64.1200(e) of the Commission?s rules.

This is based on the rules that have long been in place that you can request that a company put you on their internal do not call list.

Why punish AT&T

[Carl_LaFong]

It must all be a mistake.
Surely the consumers had opted-in with a business partner.

just to clarify

[antibryce]

According to this article the fine is not for violating the recently enacted DNC list, but rather for violating separate FCC rules. Specifically if someone asks you to remove their name from your list you are required to do so.

What is also interesting is AT&T's reaction in the above article, as I have had telemarketers call me offerring me things like identity theft protection on my AT&T Universal card, yet they aren't at all affiliated with AT&T.

I may be one of the 29

[Bruha]

AT&T Called me about a week after the list was turned on.. of course I got the name and number of the person calling me and then explained that I'm on the DNC list. Would believe she freaked out and asked to not be identified or report her company.

I was like "I've been bombarded by spam from all directions for the last 15 years.. it's on my truck, my answering machine, my email and the d**n phone. You bed your telemarketing arse I'm reporting you."

I did however leave her last name out of the complaint but ya know what.. at work if I screw up the FAA can fine me 10k.. they should be just as careful.

I got a call from Dell yesterday...

[telstar]

They were calling to sell me broadband access... but they made sure to preface their call with "you recently purchased a laptop from us". As this Do Not Call thing swings into use I forsee the value of knowing who companies sell their products to significantly more valuable than it's ever been. It used to be that only Radio Shack asked who you were ... get used to EVERYONE doing it ... because they'll be able to partner with other retailers and cross-sell products using that loophole in the Do-Not-Call law.

Re:"Proposed" ???

[Xerithane]

Jeezus, I'd love to have a "proposed" fine the next time I get a speeding ticket.

It is a proposed fine. Go to court and offer a counter proposal by following the instructions printed on the back of the ticket. Chances are it will be substantially less. The only way it becomes the actual fine is if you don't challenge the proposal.