The Federal Trade Commission says that satellite MVPD Dish Network should not be allowed to hide behind telemarketing contractors who call citizens who are on the Do Not Call list. FTC says it “..has urged its sister agency to hold that sellers of goods and services should be held responsible for sales calls made by others on their behalf, even if the seller did not physically place the calls.”
FTC and four states have brought the case before the FCC to address DNC violations tied to Dish.
The agency stated, “The FTC comment addresses two questions put forward by the FCC regarding the Telephone Consumer Protection Act of 1991 (TCPA). First, does a call placed by an entity that markets a seller’s goods and services qualify as a call made on behalf of, and initiated by, the seller, even if the seller does not physically place the call?; and second, what should determine whether a telemarketing call is made “on behalf of” a seller, thus triggering liability under the TCPA? The FCC also asked whether common law principles should apply in such cases and, if so, which should be used to define ‘on behalf of.’’
FTC is saying in no uncertain terms that the beneficiary of the calls should be held responsible.
“The Do Not Call Registry is important to the FTC, but is absolutely critical to consumers who want a stop to the telemarketing and robocalls that interrupt their dinner hour,” said FTC Chairman Jon Leibowitz. “We hope that the FCC acts quickly to resolve this issue.”