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SENATE PANEL TO HOLD A HEARING ON BILL THAT WOULD RESTRICT COLD-CALLING

The Senate Communications Subcommittee will hold a hearing on a telemarketing bill this week, which if adopted, would have the unintentional effect of restricting cold-calling by brokers.

The "Telephone Advertising Consumer Rights Act," which was introduced by Sen. Larry Pressler (R-SD) in late June, is designed to give consumers a break from unsolicited telemarketing calls dialed by both humans and computers.

The bill requires the Federal Communications Commission to protect consumers from unwanted telemarketing calls in several ways. Consumers would be able to put their phone numbers on a "DO NOT CALL" list at the FCC, or, all telemarketers would be placed on a single exchange, which would allow consumers to block all calls from that exchange.

While the legislation is not aimed primarily at brokers, the bill's language is written in a way that would include cold-calling restrictions. The bill says that "telephone solicitation means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services."

Pressler's bill is similar to telemarketing legislation introduced in the

House by Rep. Edward Markey (D-MA). Markey's bill has already cleared the House Telecommunications and Finance Subcommittee, and the legislation is waiting to be reviewed by the full Energy and Commerce Committee. That hearing is not likely to occur until after Congress returns from its August recess.

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