Recent Developments in Telemarketing Regulation

Cain, Rita Marie

doi:10.1177/074391569601500113

Cited by 6 publications

(5 citation statements)

References 5 publications

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“…§ 310), and cold calls to cell phones are prohibited (47 C.F.R. § 64; Cain 1996). Notably, activities of buzz agents might easily violate these provisions.…”

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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“…§ 310), and cold calls to cell phones are prohibited (47 C.F.R. § 64; Cain 1996). Notably, activities of buzz agents might easily violate these provisions.…”

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%

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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“…This analysis suggests that a ban on unsolicited wam should be treated as a reasonable time, place, and manner restriction much like the Ninth Circuit Court of Appeals treated both the ban on prerecorded messages to residences ( Moser v. FCC 1995) and the ban on unsolicited fax advertising ( Destination Ventures v. FCC 1995). In both cases, the Ninth Circuit upheld the bans despite challenges under the First Amendment (Cain 1996). Similarly, in Van Bergen v. Minnesota (1995), the Eight Circuit Court of Appeals held that a ban on automatic telephone dialing announcement devices was constitutional because, when answered, the machines would not terminate the call until the message was completed.…”

Section: Discussionmentioning

confidence: 99%