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Insurance Industry News from ProgramBusiness.comNAIFA Vs. FCC
The National Association of Insurance and Financial Advisors (NAIFA) urged the Federal Communications Commission (FCC) not to implement its own national do-not-call list as part of the 1991 Telephone Consumer Protection Act of 1991.
In addition, NAIFA, in comments filed with the FCC, noted that if the FCC did pursue a do-not-call list, its rule should be consistent with the Federal Trade Commission‚s national do-not-call list, which currently exempts several industries, including banking and insurance, from telemarketing restrictions. NAIFA warned that any FCC effort to extend coverage to exempt industries at this stage would not only violate Congress‚ directive to "maximize consistency" with the FTC rule, but may also be unconstitutional.
"The FCC is right to respond to consumers‚ growing frustration with phone calls from telemarketers, but NAIFA doesn't think the FCC needs to take further action on this issue at this point," said David F. Woods, CLU, ChFC, NAIFA's chief executive officer. "The FTC already has a proposal on the table, so we recommend that the FCC wait and see how well the FTC's telemarketing rules work."
As in previous comments to the FCC, NAIFA emphasized the lack of data supporting any assertion that insurance agents present a problem with telemarketing - - and the FCC isn't likely to find
problems, since the industry is "actively and extensively" regulated by the states.
In the event the FCC pursued its own do-not-call list, NAIFA recommended that it contain the following guidelines:
Like the FTC rule, exempt from its coverage calls in which no sales are final and no payment is authorized until there has been a face-to-face meeting; Like the FTC rule, exclude business numbers from the do-not-call list, since consumers do not raise the same complaints about calls at work as they do those to their homes; Allow referral calls; and Allow small businesses to make a small number of telemarketing calls without requiring them to search a national do-not-call list, which would be cost-prohibitive.
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