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Compliance Guide™ Features

Monthly Compliance Update, February 2011

? - February 2011 Compliance Update Monthly Compliance Update
  • Monday, February 21, 2011:
    Presidents' Day
    Alabama, Louisiana, Mississippi,
    Rhode Island and Utah.
  • March 2011:
    There are no holiday restrictions
    for the month of March.

Compliance Events

    Free Compliance Webinar - 2011 Legal Review
    Date: February 17, 2011.   Time: 1:00 pm - 2:00 pm EST

    Learn about the major laws currently being enforced by the FTC and learn about the proposed legislative changes to the TCPA and TSR that will impact inbound and outbound consumer telephone marketing campaigns in 2011. The webinar host is contact center legal expert, Joe Sanscrainte.

    Register Now:

Compliance Article

    JoePhotoIndiana Doubles Down on DNC
    by Joseph Sanscrainte

    On January 31, 2011, the Indiana House of Representatives passed H.R. 1273 - a bill that substantially changes Indiana's Do Not Call law. The purpose of this bill is to expand the reach of the Indiana DNC program to include wireless numbers (standard and prepaid) and VOIP numbers, and to make it clear that the DNC law applies to ANY transmission to a telephonic device, not just spoken words.

    To accomplish these changes, HR 1273 starts by amending Indiana's definition for a "consumer" in the DNC law. Currently, a "consumer" is defined as a residential telephone subscriber who is an actual or a prospective purchaser or charitable donor. Under the proposed new law, a consumer is still a "residential telephone subscriber" but the common understanding of that term (i.e., an owner of a landline at a residence) is substantially changed. Specifically, the new language expands the coverage of the DNC law to any consumer who, for the telephone service received, has a "place of primary use" in Indiana, or is issued an Indiana telephone or identification number.

    What's a "place of primary use"? Glad you asked. This term is defined as the street address representative of where the consumer's use of the telephone service "primarily" occurs, which could be a residential street address, or a VOIP user's registered location, or, in the case of mobile telco services, the licensed service area of the home service provider. Bottom line here? Indiana DNC rules now cover all wireless numbers (standard and prepaid calling services) as well as VOIP numbers.


2011 ATA

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