The Federal Trade Commission today announced it is seeking public comments on how to strengthen the Caller ID provisions of the Telemarketing Sales Rule.
“Beefing up the Rule’s Caller ID provisions will help the FTC keep pace with rapidly changing technologies and more effectively fulfill its consumer protection mission,” said David Vladeck, Director of the FTC’s Bureau of Consumer Protection.
Currently, the Rule’s Caller ID provisions require telemarketers to provide consumers who use Caller ID services with either a telephone number for the telemarketer or the number of the seller or charitable organization represented by the telemarketer. Some Caller ID services also display names of up to 15 characters to identify the caller.
Not all businesses abide by the these Caller ID requirements, however, as seen in recent FTC cases that charge telemarketers pitching fraudulent extended auto warranties and credit card interest rate reduction programs with violating the Caller ID requirements. Since 2005, the FTC has initiated 10 enforcement actions that charge abusive telemarketers with concealing their identities from consumers.
The FTC is seeking comments on a range of Caller ID-related questions to help inform its understanding of this issue, including:
How widespread is consumer use of Caller ID services to screen unwanted calls, and do consumers use other services that rely on the transmission of calling party numbers (CPN), such as call-blocking equipment, to avoid unwelcome telemarketing calls?
Should the FTC amend the Caller ID provisions of the Rule to recognize or anticipate specific developments in telecommunications technologies relating to the transmission and use of Caller ID information, and if so, how?
Should the FTC amend the Caller ID provisions of the Rule to further specify the characteristics of the phone number that a telemarketer must transmit to a Caller ID service? For example, should the Rule require that the phone number transmitted be one that is listed in publicly available phone directories, a number with an area code and prefix that are associated with the physical location of the telemarketer’s place of business, a number that is answered by a live representative, or automated service that identifies the telemarketer by name?
Should the FTC amend the Caller ID provisions to allow a seller or telemarketer to use trade names or product names, rather than the actual name of the seller or telemarketer, in the name information displayed by Caller ID services?
Comments submitted in response to the questions in the notice must be received by January 28, 2010 and can be submitted here.
Post a comment