Call Up Someone and Just Say ‘Buy’–telemarketing and the Regulatory Environment

Cain, Rita Marie

doi:10.1111/j.1744-1714.1994.tb00845.x

Cited by 9 publications

(6 citation statements)

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“…For telemarketing, several U.S. states have “get-to-the-point” laws, which require callers to identify their purpose within a short time. A few states follow the European practice of requiring cooling-off periods for all telephone-solicited sales (Cain 1994). The FTC Telemarketing Rule (16 C.F.R.…”

Section: Public Policy Discussionmentioning

confidence: 99%

Covert Marketing Unmasked: A Legal and Regulatory Guide for Practices that Mask Marketing Messages

Petty

Andrews

2008

Journal of Public Policy & Marketing

106

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Masked marketing—one form of covert marketing—involves marketing communications that appear to be from independent third parties rather than from product marketers. This article presents a typology of masked marketing practices, illustrating whether they may be deceptive to consumers. To accomplish this, the authors apply the Federal Trade Commission's three-part definition of deception (i.e., misleadingness, reasonable consumer, and materiality) in the evaluation of such practices. The article concludes with policy recommendations including areas for further research.

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Section: Public Policy Discussionmentioning

confidence: 99%

Covert Marketing Unmasked: A Legal and Regulatory Guide for Practices that Mask Marketing Messages

Petty

Andrews

2008

Journal of Public Policy & Marketing

106

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“…Solicitations to telephone fax machines and cellular telephones without prior consent are prohibited because of the pecuniary CBMCs incurred by the owners of those devices (47 C.F.R. part 64; Cain 1996). Consumers must buy paper for fax machines and typically pay for incoming calls on a cellular telephone.…”

Section: The Development and Regulation Of Cbmcsmentioning

confidence: 99%

“…Lower courts generally have followed this logic in upholding the restrictions on telemarketing discussed previously (Cain 1996). For example, in Van Bergen v. Minnesota (1995), the Eighth Circuit Court of Appeals found that automatic telephone dialing announcement devices were uniquely intrusive because, when answered, the machines would not terminate the call until the message was completed.…”

Section: First Amendment Issuesmentioning

confidence: 99%

“…Some member states further regulate methods of solicitation or the use of undue psychological pressure (Petty 1997). In the United States, several states have “get to the point” laws that require callers to identify their purpose within a short period of time (Cain 1994, p. 656). A few states even have cooling-off periods for telephone-solicited sales, as Europe does (Cain 1994, p. 661).…”

Section: The Development and Regulation Of Cbmcsmentioning

confidence: 99%

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Marketing without Consent: Consumer Choice and Costs, Privacy, and Public Policy

Petty

2000

Journal of Public Policy & Marketing

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Most of the privacy debate pertains to personal information being collected and disseminated in databases without consumer consent or perhaps even knowledge. The author asserts that a more important issue is how these databases are used to impose marketing costs on consumers without their consent. All marketers realize it is costly to communicate to potential consumers, but they often forget that consumers bear some marketing communications costs as well. The author suggests that economic efficiency would be enhanced by requiring marketers to internalize at least some of the consumer costs, particularly those likely to be borne involuntarily. Current regulations address only some costs for some media and often limit rather than enhance consumer choice. The author presents new public policy recommendations to improve efficiency and consumer choice.

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“…Accordingly, that consumer should have the right to restrict commercial telemarketing messages over the phone line for which the consumer pays. (Cain, 1994).…”

Section: Resultsmentioning

confidence: 99%

Federal do not call registry is here to stay: What's next for direct marketing regulation?

Cain¹

2005

Journal of Interactive Marketing

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In 2003, the Federal Trade Commission established a national do not call registry for commercial telemarketing. In 2004, a federal appeals court upheld the validity of the registry. This article explains the history of the regulation and analyzes the court's opinion. The article discusses the impact of the opinion on other direct marketing regulations, such as e-mail solicitation, wireless advertising messages, data privacy protection, and nonprofit solicitation.

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Call Up Someone and Just Say ‘Buy’–telemarketing and the Regulatory Environment

Cited by 9 publications

References 0 publications

Covert Marketing Unmasked: A Legal and Regulatory Guide for Practices that Mask Marketing Messages

Covert Marketing Unmasked: A Legal and Regulatory Guide for Practices that Mask Marketing Messages

Marketing without Consent: Consumer Choice and Costs, Privacy, and Public Policy

Federal do not call registry is here to stay: What's next for direct marketing regulation?

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