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FCC Begins Implementing CAN-SPAM Act and Proposes Certain Changes for Telemarketing Rules

April 27, 2004

By Michelle W. Cohen

In a recently released Notice of Proposed Rulemaking, the Federal Communications Commission is seeking comment on new rules to eliminate spam sent to wireless devices. In addition, the FCC is seeking further comment on two topics concerning the Telephone Consumer Protection Act: (1) rules that would give telemarketers who utilize artificial or prerecorded messages a certain amount of time to comply with restrictions on such calls to wireless devices when the telephone number in question had recently been ported from a wireline service; and (2) a new rule requiring telemarketers to update their calling lists against the do-not-call registry monthly rather than quarterly.

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