Posted on 20 Aug 03
Everyone seems to be a bit confuseed as to what the new federal "Dont Call" list will mean to their prospecting efforts. Below is the text of a letter that IIABA recently sent to FCC Chairman Michael Powell expressing the associations opposition to the FCCs new "Do Not Call" telemarketing rule ... If you agree, you might want to send your own copy to the FCC and your elected representatives.
July 28, 2003
The Honorable Michael K. Powell
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
Dear Chairman Powell:
As representatives for the Independent Insurance Agents and Brokers of America (IIABA) and our 300,000 members, we are writing to strongly oppose the Federal Communication Commissions (FCC) "Do Not Call" telemarketing rule, published in the Federal Register on July 25, 2003. The FCC Rule, unlike the Federal Trade Commissions (FTC) Rule, applies to industries that are exempt from the FTC jurisdiction including the insurance industry, banks, credit unions, savings and loans, airlines, and telephone companies. Furthermore, the FTC Rule only applies to interstate calls while the FCC Rule applies to both interstate and intrastate calls. All of the entities that now use the telephone or send faxes to make solicitations will have to follow the FCC rule, even in states that have exempted them from their do-not-call rules.
The FCC Rule does not allow anyone to send unsolicited fax messages – even if the recipient of the fax has a pre-existing business relationship with the sender, and it is this aspect of the Rule we find most troubling. Business relationships between our association and our members, most of which are built around the foundations of years worth of trust, honesty, and outreach, should not be subject to the ban. A ban would severely undermine the progress our members have developed within their business practices, impede their continuing education, inhibit their ability to remain apprised of upcoming events, and create a wrecking ball of unintended and unnecessary consequences in the insurance and financial services delivery system.
We understand that the FCC and the FTC plan to coordinate their regulation of telemarketing and sign a Memorandum of Understanding relating to the enforcement of these rules, and we urge you to seriously consider omitting the compliance of pre-existing business relationships when reviewing the issue of unsolicited fax messages. The ramifications involved would be severely detrimental to the future of our members business, and we urge you to reconsider this provision.
With respect and appreciation, and we look forward to your decision,
Robert Rusbuldt, CEO
Maria Berthoud, Senior Vice President, Federal Government Affairs
cc: The Honorable John McCain, United States Senate
The Honorable W.J. "Billy" Tauzin, United States House of Representatives
The Honorable John D. Dingell, United States House of Representatives