FOR IMMEDIATE RELEASE NEWS MEDIA CONTACT: December 28, 1999 John R. Winston, 202-418-7450 FEDERAL COMMUNICATIONS COMMISSION OUTLINES CONSUMERS' RIGHTS TO PREVENT TELEMARKETING CALLS WASHINGTON, DC -- The Commission today released an Order affirming that its telemarketing rules require telephone solicitors to maintain their do-not-call lists on a telephone number basis, rather than requiring all persons residing in a particular residence to make individual do-not-call requests. The Commission's Order resolves a Formal Complaint filed by Consumer.Net against AT&T claiming violations of the Telephone Consumer Protection Act of 1991 (TCPA) and the Commission's telemarketing rules which implement that Act. In finding that AT&T had violated the Commission's rule governing do-not-call lists, the Commission noted that Section 64.1200(e)(2)(iii) of the rules requires telemarketers to place a telephone subscriber's name and telephone number on a do-not-call list at the time such a request is made. The Commission previously has recognized that some consumers wishing to be placed on a do-not-call list may not want to provide telemarketers with their name, and has emphasized that consumers who decline to provide their name still must be placed on a do-not-call list based on their telephone number. In today's Order, the Commission found that a telemarketer may not negate the requirement to place a telephone number on a do-not-call list by claiming that it was trying to reach someone else at the same number. The Commission found that AT&T had violated the do-not-call rule by making a telephone solicitation to the wife of a consumer who previously requested that the couple's telephone number be placed on a do-not-call list. The Commission also found that a telephone solicitation by Universal Card Services Corporation, an AT&T affiliate, violated the rules by failing to honor a consumer's request to be placed on an AT&T company-wide do-not-call list. In addition, the Commission found that, in one instance, AT&T had failed to provide its written do-not-call policy to a consumer who had requested that document. The Commission found that Consumer.Net had not proven its allegation that on other occasions AT&T did not provide its do-not-call policy to requesting consumers. (over) The Commission denied all other aspects of Consumer.Net's complaint, finding that it failed to prove that other telephone solicitations and telemarketing practices by AT&T violated the TCPA or the Commission's rules. Action by the Commission December 17, 1999, by Order (FCC 99-401). Chairman Kennard, Commissioners Ness, Firchtgott-Roth, Powell and Tristani. - FCC - Enforcement Bureau Contact: Mary Romano at 202-418-7320. Consumer Information Bureau Contact: Pamera D. Hairston at 202-418-1400.