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However, it's not simply a matter of automation over
live bodies, but automation vs. shipping jobs overseas, where workers
cost little more than the nickel a call of prerecorded messages,
Crowe says.
"I would rather have a well-articulated prerecorded
message than a live rep [from outside the United States] with inconsistent
quality," he says.
Just like the regulations currently in place, the
new rules would require companies to give customers a way to opt-out
of future calls. Unlike a centralized list, customers have to contact
each company individually, and the onus is on the company to comply.
And that's impractical, says Hoofnagle. "At that
point, you'd have to write down a phone number, call the number
and negotiate with some telemarketer to get on their do-not-call
list. And the record is extensive that telemarketers frustrate callers
or just hang up on them. The record is replete with this."
But Crowe says that's not true. "Our opt-out
rate on average is .02 percent," he says. "They must be
speaking about some other company."
Crowe says that his client's customers, including
members of loyalty and rewards programs, want to get his automated
calls. "Actually, customers really like these messages."
The issue is open for public comment until Jan. 10.
After the deadline, the FTC will read the comments and make its
decision, probably by early summer, says Hile.
Consumers can send comments to the FTC via
e-mail.
Or contact the agency by mail at:
Federal Trade Commission/Office of the Secretary
Room H-159 (Annex K)
600 Pennsylvania Avenue, N.W.
Washington, DC 20580.
(Both in the comment and the envelope, be sure to include the
reference to "Prerecorded Message EBR, Telemarketing Project
No. R411001.)
Is that the phone?
In the end, the debate may come down to whether
people want their phones ringing during dinner more than concern
over who or what is calling.
The Do Not Call Registry is a hot-button for consumers.
The creation of the list generated 64,000 comments, the second-highest
number of responses the FTC has ever received on any issue, says
Hile. "Virtually all were in favor of the Do Not Call registry,"
he says. "Obviously, that had some impact."
So what happens if the measure isn't approved, and
the FCC and FTC can't agree on how businesses can call their customers?
Picture a divorced couple with no kids splitting the
furniture. All businesses governed by FCC regulations, such as telephone
companies, would be able to use prerecorded messages to contact
customers, says Hile.
The rest of the companies, which would likely fall
under the jurisdiction of both agencies, would be governed by the
more restrictive FTC regulations and would not be able to use prerecorded
calls, says Michael Goodman, an FTC staff attorney.
Right now, the matter is in the hands of consumers.
"We put it out for comments," says Goodman,
"and based on the comments we'll decide what the right result
is."
Dana Dratch is a freelance writer
based in Atlanta.
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