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Do Not Mail
8/8/08 On May 20, 2008, State Representative
Micozzie introduced the Do-not-mail Act HB2551 in the House to
prohibit unwanted mail solicitation similar to do-not-call
laws. A Do-not-mail registry would be created and enforced by
the State Office of Attorney General. HB2551 was referred to the
House Consumer Affairs Committee. Do Not Mail legislation began
in 2007 and has been working its way across the country. 12
States now have some kind of do not mail legislation pending.
Since then, the legislation has been defeated or is dying in a
number of states: RI, TN, VT, WA, NY and NH (defeated); MI
(carried over), IL (referred to Committee), AR and CO
(withdrawn). This legislation is disfavored by Associations,
fundraisers, and would probably reduce US Postal Service
revenue. On the bright side it’s beatable.
FTC Oversight of Nonprofits?
4/8/08
Bill would give FTC oversight
over Nonprofits. On April 8, 2008, Senators Daniel
Inouye (D-HI) and Byron Dorgan (D-ND) introduced the Federal
Trade Commission Reauthorization Act of 2008. This would be the
first reauthorization of the FTC since 1996. Encouraged by
congressional hearings on nonprofit governance, the bill’s adds
a section 6 which grants sweeping FTC authority to police
alleged abuse by charities. Unlike the last FTC Reauthorization
bill introduced in 2005 which merely sought to increase the
FTC’s budget, this new bill, [S.2831] would expanded the FTC’s
oversight authority to 501(c)(3) and 501(c)(4) nonprofits.
S.2831. This oversight is currently the authority of the
Internal Revenue Service. Granting another federal agency
sweeping investigatory authority over nonprofits would create additional
federal “red tape” for nonprofits, many of whom have small
staffs and budgets and would be adversely impacted. The FTC is
attempting to regulate organizations that operate beyond the
scope of the FTC’s expertise. Section 501(c)(3) organizations
include hospitals, educational institutions, charitable trusts,
religious congregations, amateur sports leagues, foundations,
and disease cure organizations, many of whom do not engage in
“trade” as is commonly regulated by the FTC. Essentially
charities and telecommunications firms differ significantly and
can not be regulated in the same manner. Uniformity is not an
adequate justification. The FTC has insufficient staff
experienced in nonprofit governance. The bill was referred to
the Senate Committee on, Commerce Science, and Transportation on
4/8/08.
Federal Trade Commission Reauthorization Act of 2008: S.
2831:
http://capwiz.com/pano/webreturn/?url=http://thomas.loc.gov/cgi-bin/query/z?c110:S.2831:
Fax
Bill 714,
the “Junk Fax Prevention Act of 2005.” (6/2005)
On June 28,
the US House of Representatives passed Senate Bill 714, the
“Junk Fax Prevention Act of 2005”. Senate Bill 714, passed the
Senate on June 24 and is expected to reach the President’s desk
soon. SB 714 represents a comprehensive effort to amend the
“do-not–fax rule” of 2003. This bill was in direct response to
an FCC ruling which was scheduled to take effect on July 1. The
FCC ruling would have required prior permission from ALL
recipients of the faxed solicitations. The FCC stayed the
implementation of this ruling until 2006. By that time, it is
expected that the president will sign SB 714 into law, and the
FCC ruling will be moot. Generally, SB 714 prevents businesses
or individuals from using fax machines to send out mass
solicitations. Unfortunately, the prior version of SB 714 would
have prevented most faxed solicitations. The newest version of
SB 714 restores the “established business relationship”
exception. With this exception, businesses, associations and
charities, may send faxed advertisements to their members,
donors, or others without having first obtained written
permission, so long as they have an “established business
relationship”. The new SB 714 still requires the organization
to include a means for the recipient to opt out from receiving
future faxed solicitations. For more information on this or
other legislation, please contact
David A.
Ross, PANO Public Policy Analyst.
Fax Bill Update (11/2004)
The Senate has not yet
voted on the fax bill (S. 2603). As
reported earlier new rules governing business-to-business and
association-to-member fax communications were due to go into
effect January 1, 2005, but the Federal Communications
Commission (FCC) granted a six-month stay of these regulations,
until July 1, 2005. Legislation reinstating the "established
business relationship" language to rules governing fax
communications has found bipartisan support in both chambers,
with the Senate Commerce, Science and Transportation Committee
passing S. 2603 in July, and the House passing the companion
bill, H.R. 4600, on July 20. During the lame-duck session after
the elections, it does not look like the fax bill will be
discussed
5/4/07 Telemarketing Bills would
Prohibit Automated Political Solicitations. Two recently
introduced State bills HB1195 and its companion bill SB820 would
restrict under the State Charitable Solicitations Act,
telemarketing solicitations that use pre-recorded political
messages or automatic dialing-announcing devices. Some limited
exclusions would still apply for established business
relationships. The Senate version of the bill would increase
civil penalties to between $500 and $5,000 per violation. Both
bills were referred to Committee and are not currently
scheduled.
HB1195 (PN1498) Calling for restrictions on
telemarketing solicitation even on behalf of a charity.
Specifically expands the scope of the act to cover prerecorded
political messages. A limited exclusion applies for call made
to a residential or cell phone consumer with whom the
telemarketer has an established business relationship within 12
months before the call. The bill was introduced in the House on
May 4, 2007 and was referred to the Committee on Consumer
Affairs.
SB820 (PN954) amends telemarketing laws to
limit use of "automatic dialing-announcing device" and other
telephone solicitation calls. Civil penalties on individuals can
range from $500 to $5,000 per violation. A limited exclusion
applies for call made to a residential or cell phone consumer
with whom the telemarketer has an established business
relationship within 12 months before the call. The bill was
introduced in the Senate on May 2, 2007 and referred to the
Committee on State Government.
For the essential Telemarketing
solicitations laws in Pennsylvania go to
http://www.attorneygeneral.gov/consumers.aspx?id=404.
HB1195
http://capwiz.com/pano/issues/bills/?bill=9828026
SB820
http://capwiz.com/pano/issues/bills/?bill=9828071 |
