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Please note: this agenda is subject to change. Please check this site for
any updates.
The location for
the forum has been changed to the Marriott Wardman Park Hotel, 2660
Woodley Road, N.W., Washington, DC 20008, (202) 328-2000. The hotel is
within walking distance of the Metro stop at the Woodley Park-Zoo stop
(Red line).
Wednesday, June 5, 2002
Transcript of
Proceeding [PDF 360K]
8:30-9:00am
Registration (Marriott Wardman Park
Hotel, Marriott Ballroom Salons 1&2)
9:00am-9:15am
Welcome and explanation of process
Eileen Harrington, Associate Director for
Marketing Practices, Federal Trade
Commission
9:15-10:45am
Proposed National No Call Registry
Participants:
AARP - Jeff Kramer; American Financial
Services Association - George Wallace; Association of
Fundraising Professionals (AFP) - Michael Rosen; American Resort Development
Association - Stratis Pridgeon; American Teleservices Association - Tyler Prochnow;
Consumer Choice Coalition - David Maxwell; Dial America - Arthur Conway;
Direct Marketing Association - H. Robert Wientzen; Electronic Retailing
Association - Elissa Myers; Junkbusters - Jason Catlett; Magazine
Publishers of America - Rita Cohen; National Association of Attorneys
General - Rex Burlison; National Consumers League - Susan Grant;
National Retail Federation - Mallory Duncan; New York State Consumer
Protection Board - TBA; Newspaper Association of America - John Murray;
Not-for-Profit and Charitable Coalition - Glenn Mitchell; Private
Citizen - Robert Bulmash; Personal Legal Plans - Dennis McGarry;
Promotion Marketing Association - Edward Kabak
- What should be the interplay between
the proposed national registry and state registries?
- Is the scope of coverage of the
proposed national registry adequate to protect consumers?
- Should an prior or existing business
relationship exemption be added to the proposed Rule, or does the
current proposal allowing for individual express verifiable
authorization to receive telemarketing calls make such an exemption
unnecessary? Instead of express verifiable authorization to specific
companies, should the registry allow consumers to opt in to calls from
specific groups or categories of goods or services?
- Should businesses be able to register
their numbers on the national registry (to prevent calls from
companies excepted from the exemption for B2B)?
- Should the do-not-call provisions of
the Rule apply to for-profit telemarketers acting on behalf of
charities? Should there be a de minimis exemption for small charities
or non-profits? Should the Rule exempt religious and political
organizations?
10:45-11:00am
Break
11:00am-12:00noon
Proposed National No Call Registry
Participants:
AARP - Jeff Kramer; American Financial
Services Association - George Wallace; Association of
Fundraising Professionals (AFP) - Michael Rosen; American Resort Development
Association - Stratis Pridgeon; American Teleservices Association - Tyler Prochnow;
Consumer Choice Coalition - David Maxwell; Dial America - Arthur Conway;
Direct Marketing Association - H. Robert Wientzen; Electronic Retailing
Association - Elissa Myers; Junkbusters - Jason Catlett; Magazine
Publishers of America - Rita Cohen; National Association of Attorneys
General - Rex Burlison; National Consumers League - Susan Grant;
National Retail Federation - Mallory Duncan; New York State Consumer
Protection Board - TBA; Newspaper Association of America - John Murray;
Not-for-Profit and Charitable Coalition - Glenn Mitchell; Private
Citizen - Robert Bulmash; Personal Legal Plans - Dennis McGarry;
Promotion Marketing Association - Edward Kabak
- Are the safe harbor provisions of the
proposed Rule, including the requirement to monitor and enforce
compliance, adequate to protect consumers?
- Is the proposed two year trial period
problematic and, if so, what can be done to alleviate concerns?
- What obstacles to enforcement are
presented by the proposed registry? What modifications could be made
to facilitate enforcement?
12:00noon-1:00pm
Lunch (on your own)
1:00-1:30pm
Implementation of the Proposed National No Call System - A
Presentation by Commission Staff
Participants:
AARP - Jeff Kramer; American Financial
Services Association - George Wallace; American Teleservices Association
- Tyler Prochnow; CallCompliance - Joseph Sanscrainte; Consumer Choice
Coalition - Danielle Fagre; Dial America - Arthur Conway; Direct
Marketing Association - H. Robert Wientzen; Electronic Privacy
Information Center - Chris Hoofnagle; Electronic Retailing Association -
Elissa Myers; Gryphon Networks - Keith Fotta; Junkbusters - Jason
Catlett; Magazine Publishers of America - Rita Cohen; National
Association of Attorneys General - Rex Burlison; National Consumers
League - Susan Grant; National Retail Federation - Mallory Duncan; NCS
Pearson - Cynthia Brockwell; NeuStar, Inc. - Kimberly Miller; New York
State Consumer Protection Board - TBA; Newspaper Association of America
- John Murray; Not For Profit and Charitable Coalition - Glenn
Mitchell; Personal Legal Plans - Dennis McGarry; Promotion Marketing
Association - Edward Kabak; SBC Communications - Jeffrey Lee Scruggs; Tellme
Networks, Inc. - Gregory O’Connell
1:30-2:45pm
Implementation - Consumer
Registration and Use Issues
Participants:
AARP - Jeff Kramer; American Financial
Services Association - George Wallace; American Teleservices Association
- Tyler Prochnow; CallCompliance - Joseph Sanscrainte; Consumer Choice
Coalition - Danielle Fagre; Dial America - Arthur Conway; Direct
Marketing Association - H. Robert Wientzen; Electronic Privacy
Information Center - Chris Hoofnagle; Electronic Retailing Association -
Elissa Myers; Gryphon Networks - Keith Fotta; Junkbusters - Jason
Catlett; Magazine Publishers of America - Rita Cohen; National
Association of Attorneys General - Rex Burlison; National Consumers
League - Susan Grant; National Retail Federation - Mallory Duncan; NCS
Pearson - Cynthia Brockwell; NeuStar, Inc. - Kimberly Miller; New York
State Consumer Protection Board - TBA; Newspaper Association of America
- John Murray; Not For Profit and Charitable Coalition - Glenn
Mitchell; Personal Legal Plans - Dennis McGarry; Promotion Marketing
Association - Edward Kabak; SBC Communications - Jeffrey Lee Scruggs; Tellme
Networks, Inc. - Gregory O’Connell
- How much information is necessary
for verification purposes? Will automated number identification (ANI)
data be sufficient? If so, how can those consumers whose phones do not
transmit ANI be added to the list?
- Should third-parties be allowed to
register on behalf of consumers?
- How long should numbers stay on the
registry? Is it feasible to take numbers off the registry when they
change hands?
- How will consumers report
violations of their do not call rights? What has been the states’
experience with complaint handling?
2:45-3:00pm
Break
3:00-4:30pm
Implementation - Industry Perspective
Participants:
AARP - Jeff Kramer; American Financial
Services Association - George Wallace; American Teleservices Association
- Tyler Prochnow; CallCompliance - Joseph Sanscrainte; Consumer Choice
Coalition - James Miller; Dial America - Arthur Conway; Direct Marketing
Association - H. Robert Wientzen; Electronic Privacy Information Center
- Chris Hoofnagle; Electronic Retailing Association - Elissa Myers;
Gryphon Networks - Keith Fotta; Junkbusters - Jason Catlett; Magazine
Publishers of America - Rita Cohen; National Association of Attorneys
General - Rex Burlison; National Consumers League - Susan Grant;
National Retail Federation - Mallory Duncan; NCS Pearson - Cynthia
Brockwell; NeuStar, Inc. - Kimberly Miller; New York State Consumer
Protection Board - TBA; Newspaper Association of America - John Murray;
Not For Profit and Charitable Coalition - Glenn Mitchell; Personal Legal
Plans - Dennis McGarry; Promotion Marketing Association - Edward Kabak;
SBC Communications - Jeffrey Lee Scruggs; Tellme Networks, Inc. - Gregory
O’Connell
- Is the prohibition against selling,
purchasing or using the registry for any purpose other than to comply
with Rule provision overly burdensome for businesses?
- Should the Rule explicitly require
telemarketers to purchase the list?
- Are monthly updates adequate? Are they
too burdensome?
- Would it be acceptable to have the
vendor who operates the national registry “scrub” telemarketers’ lists
rather than providing a list of those numbers on the registry?
4:30-5:00pm
Open Mike
Thursday, June 6, 2002
8:30-9:00am Registration
(Marriott Wardman Park Hotel, Marriott Ballroom Salons 1&2)
9:00-10:30am
Predictive Dialers
Participants:
AARP - Jeff Kramer; American Teleservices
Association - Tyler Prochnow; Dial America - Arthur Conway; Direct
Marketing Association - H. Robert Wientzen; Electronic Retailing
Association - Elissa Myers; Magazine Publishers of America - Rita Cohen;
National Association of Attorneys General - Rex Burlison; National
Consumers League - Susan Grant; National Retail Federation - Mallory
Duncan; Newspaper Association of America - John Murray; Promotion
Marketing Association - Edward Kabak; Sytel Limited - Michael McKinlay
- What are the costs of zero abandonment
to sellers and telemarketers? What are the costs to consumers of dead
air and delayed interaction telemarketing calls?
- What alternatives to zero abandonment
exist that would be beneficial to consumers and business?
10:30-10:45am
Break
10:45-11:15am
Caller ID
Participants:
AARP - Jeff Kramer; American Teleservices
Association - Tyler Prochnow; Dial America - Arthur Conway; Direct
Marketing Association - H. Robert Wientzen; Electronic Retailing
Association - Elissa Myers; Magazine Publishers of America - Rita Cohen;
National Association of Attorneys General - Rex Burlison; National
Consumers League - Susan Grant; National Retail Federation - Mallory
Duncan; Promotion Marketing Association - Edward Kabak; SBC
Communications - Sid L. Underwood
- What is the current state of caller
identification technology? Is it now possible for telemarketers to
transmit caller ID information over trunk or T1 lines?
- Is a prohibition on blocking caller ID
sufficient to protect consumers?
- Is allowing for substitution of
information transmitted, provided it benefits consumers, a reasonable
approach?
11:15-11:45am
Proposed Changes to Various
Deceptive Practices Provisions
Participants:
AARP - Jeff Kramer; American Resort
Development Association - Stratis Pridgeon; American Teleservices Association - Tyler
Prochnow; Dial America - Arthur Conway; Direct Marketing Association -
H. Robert Wientzen; Electronic Retailing Association - Elissa Myers;
Magazine Publishers of America - Rita Cohen; National Association of
Attorneys General - Anne Schneider; National Consumers League - Susan
Grant; National Retail Federation - Mallory Duncan; Promotion Marketing
Association - Edward Kabak; U.S. Department of Justice - Jonathan Rusch
- Are the proposed modifications
regarding disclosures and prohibited misrepresentations in the sale of
credit card loss protection meaningful and appropriate?
- Is the expansion of the prize
promotion disclosure beneficial to consumers, and minimally burdensome
to businesses?
11:45am-12:45pm
Lunch (on your own)
12:45-2:45pm
Preacquired Account Information
Participants:
AARP - Jeff Kramer; American Financial
Services Association - George Wallace; American Teleservices Association
- Tyler Prochnow; Consumer Choice Coalition - George Thomas; Dial
America - Arthur Conway; Direct Marketing Association - H. Robert
Wientzen; Electronic Retailing Association - Elissa Myers; Magazine
Publishers of America - Rita Cohen; Minnesota Attorney General -
Prentiss Cox; National Association of Attorneys General - Anne
Schneider; National Consumers League - Susan Grant; National Retail
Federation - Mallory Duncan; Promotion Marketing Association - Edward
Kabak; Time, Inc. - Roger Kirkpatrick
- Is the proposed prohibition on
receiving or disclosing consumers’ billing information sufficient to
protect consumers from unauthorized charges?
- Is the definition of “billing
information” too broad”? How should the term be defined?
- What benefits do businesses receive
from using preacquired account telemarketing? What benefits do
consumers receive from the use of preacquired account telemarketing?
- What other approaches should the
Commission consider to address the problem of unauthorized charges
resulting from the use of preacquired account information in
telemarketing?
2:45-3:00pm
Break
3:00-4:30pm
Up-selling and Cross-selling
Participants:
AARP - Jeff Kramer; American Financial
Services Association - George Wallace; American Teleservices Association
- Tyler Prochnow; Consumer Choice Coalition - George Thomas; Dial
America - Arthur Conway; Direct Marketing Association - H. Robert
Wientzen; Electronic Retailing Association - Elissa Myers; Magazine
Publishers of America - Rita Cohen; Minnesota Attorney General -
Prentiss Cox; National Association of Attorneys General - Anne
Schneider; National Consumers League - Susan Grant; National Retail
Federation - Mallory Duncan; Promotion Marketing Association - Edward
Kabak; Time, Inc. - Roger Kirkpatrick
- Is the proposed definition of
“outbound call” overly broad?
- What other approaches should the
Commission consider to address the information deficit and
unauthorized charges consumers experience as a result of lack of
disclosures in upselling and cross-selling situations?
- Are there different benefits/burdens
to business and/or consumers of different forms of upselling and
cross-selling? Should these different selling techniques be treated
differently under the Rule?
4:30-5:00pm
Open Mike
Friday, June 7, 2002
8:30-9:00am
Registration (Marriott Wardman Park
Hotel, Marriott Ballroom Salons 2&3)
9:00-10:30am
Express Verifiable Authorization
Participants:
AARP - Jeff Kramer; American Resort
Development Association - Stratis Pridgeon; American Teleservices Association - Tyler
Prochnow; Consumer Choice Coalition - George Thomas; Dial America -
Arthur Conway; Direct Marketing Association - H. Robert Wientzen;
Electronic Retailing Association - Elissa Myers; Magazine Publishers of
America - Rita Cohen; National Association of Attorneys General - Elliot
Burg; National Consumers League - Susan Grant; National Retail
Federation - Mallory Duncan; Newspaper Association of America - John
Murray; Promotion Marketing Association - Edward Kabak
- Would the proposed requirement that
telemarketers obtain express verifiable authorization when accepting
payment via novel methods adequately protect consumers?
- What costs would businesses incur to
comply with this proposed change?
- Are there alternatives that would
provide consumers needed protections without requiring express
verifiable authorization?
- Are businesses burdened by the
proposal to delete the provision allowing a telemarketer to obtain
express verifiable authorization by sending written confirmation of
the transaction to the consumer prior to submitting billing
information?
10:30-10:45am
Break
10:45am-1:00pm
USA PATRIOT Act Amendments
Participants:
AARP - Jeff Kramer; American Teleservices
Association - Tyler Prochnow; Association of Fundraising Professionals -
Paulette Maehara; Community Safety - J. Michael Callan; Dial America -
Arthur Conway; Direct Marketing Association - H. Robert Wientzen;
Electronic Retailing Association - Elissa Myers; Hudson Bay Company of
Illinois - Thomas Goodman; Magazine Publishers of America - Rita Cohen;
Make-a-Wish Foundation of America - David Mulvihill; National
Association of Attorneys General - Elliot Burg; National Consumers
League - Susan Grant; National Retail Federation - Mallory Duncan;
Not-for-Profit and Charitable Coalition - Glenn Mitchell; Promotion
Marketing Association - Edward Kabak
- Are the proposed prohibited
misrepresentations adequate to protect donors? Are they overly
burdensome to charities?
- Are the proposed disclosures adequate
to protect donors? Are they overly burdensome to charities?
- Is the definition of “charitable
contribution” a workable one? Are “political clubs, committees or
parties” and “constituted religious organizations...” appropriately
excluded from that definition?
1:00-2:00pm
Lunch (on your own)
2:00-2:30pm
Prison-based Telemarketing
Participants:
AARP - Jeff Kramer; American Teleservices
Association - Tyler Prochnow; Citizens United for Rehabilitation of
Errants - Thomas Petersik; Dial America - Arthur Conway; Direct
Marketing Association - H. Robert Wientzen; Electronic Retailing
Association - Elissa Myers; Enterprise Prison Institute - Knut Rostad;
Magazine Publishers of America - Rita Cohen; Michael Worsham, Esq. -
Michael Worsham; National Association of Attorneys General - Elliot
Burg; National Consumers League - Susan Grant; National Retail
Federation - Mallory Duncan; Promotion Marketing Association - Edward
Kabak
- Is the FTC the appropriate agency to
regulate prison-based telemarketing? If not, who,
if anyone, is?
- Do the costs of using prisoners to
conduct telemarketing outweigh the benefits?
- Is a ban necessary, or would
disclosures adequately protect consumers?
2:30-4:30pm
Proposed Changes to the Exemptions
in the TSR
Participants:
AARP - Jeff Kramer; American Teleservices
Association - Tyler Prochnow; Dial America - Arthur Conway; Direct
Marketing Association - H. Robert Wientzen; Direct Selling Association -
John Webb; Electronic Retailing Association - Elissa Myers; Funeral
Consumers Alliance - Lisa Carlson; International Cemetery and Funeral
Association - Paul Elvig; Magazine Publishers of America - Rita Cohen;
National Association of Attorneys General - Elliot Burg; National
Association of Realtors - Tom Ceponis; National Consumers League - Susan
Grant; National Retail Federation - Mallory Duncan; Not-for-Profit and
Charitable Coalition - Glenn Mitchell; Personal Legal Plans - Dennis
McGarry; Promotion Marketing Association - Edward Kabak; SBC
Communications - Stuart Kivowitz; Software & Information Industry
Association - Mark Bohannon; Yellow Pages Integrated Media Association -
Len Bussey
- Will requiring compliance with
do-not-call, caller ID, and threats provisions of the Rule for exempt
sellers and telemarketers of franchises, pay-per-call, and those whose
sales involve a face-to-face meeting before payment be burdensome for
business?
- What impact will the newly proposed
exceptions to general media exemption (for credit card loss protection
plans and business opportunities other than those covered by the
Franchise Rule) have on businesses and consumers?
- What impact will the newly proposed
exceptions to direct mail exemption (for credit card loss protection
plans and business opportunities other than those covered by the
Franchise Rule) have on businesses and consumers?
- Is the proposed interpretation that
e-mail and facsimile messages are direct mail appropriate?
- Should preneed funeral and cemetery
sales be excepted from the face-to-face exemption?
- Is it appropriate to except charitable
solicitations from the business to business exemption?
- Is it appropriate to except the sale
of Internet or Web services from the business to business exemption
4:30-5:00pm
Open Mike
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