Agents: FCC ?No Call' Rule Destroys Sales Efforts

By Steven Brostoff, Washington Editor

NU Online News Service, July 28, 4:19 p.m. EDT, Washington?Insurance agents are examining both legislative and legal remedies to a Federal Communications Commission telephone solicitation rule they believe could severely damage agent marketing activities.

The issue involves the FCC's own version of a do-not-call list, which is outlined in a final rule published in the Federal Register last Friday.

The do-not-call list is similar to the one developed by the Federal Trade Commission, except that unlike the FTC's list, the FCC's list affects the insurance industry.

Thus, under the FCC's do-not-call requirement, insurance agents would have to check the do-not-call list before trying to contact a prospect with which the agent does not have a business relationship.

Moreover, under the FCC's rule, a referral is not considered a business relationship. Thus, even if an agent has a referral, he or she would have to check the list and would not be allowed to make a call if prospect is listed.

Also, the FCC's rule is more expansive than the FTC's. While the FTC's do-no-call requirements only affect interstate calls, the FCC's rule applies to all calls.

In addition, under the FCC's rule, agents who have a business relationship with a client would have to maintain their own do-not-call lists. If the client subsequently decides that he or she does not want to receive any more calls from the agent, the agent would have to put the former client on the do-not-call list.

Maria Berthoud, senior vice president of government affairs for the Alexandria, Va.-based Independent Insurance Agents and Brokers of America, said that IIABA is going to do everything it can to overturn the FCC regulation.

IIABA, she said, will try to work with FCC officials to educate them on the impact the rule will have on insurance agents.

In addition, Ms. Berthoud said, IIABA will examine every other possible avenue to change the rule, including both legal and Congressional.

Ms. Berthoud added that this issue is one of IIABA's top priorities.

It is no exaggeration to say that unless the rule is overturned, it could be the end for many independent agents, she said.

Special Reports /

Agents: FCC ?No Call' Rule Destroys Sales Efforts

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