Agents, Brokers May Sue Over ?Do Not Call' Regs

By Steven Brostoff, Washington Editor

NU Online News Service, Aug. 6, 11:35 a.m. EDT, Washington?The Independent Insurance Agents and Brokers of America may go to court to try and overturn new Federal Communications Commission regulations subjecting the insurance industry to "do not call" telemarketing requirements.

"We are fully prepared to file a lawsuit if necessary," said Maria Berthoud, senior vice president of federal affairs for the Alexandria, Va.-based IIABA.

Currently, she said, IIABA is looking at the possibility of a legislative solution. Agents are forming a coalition with realtors and other professionals who are affected by the FCC's "do not call" regulation, Ms. Berthoud said.

In addition, she said, IIABA is launching a grassroots effort, asking agents to contact their members of Congress to express their opposition to the regulation.

Ms. Berthoud noted that in addition to a requirement that agents and others affected by the new regulation check a "do not call" list before contacting a prospect with whom there is no prior business relationship, the FCC also establishes a "do not fax" requirement.

The "do not fax" provision, she said, is at least as important to agents as the "do not call" provision.

The FCC's "do not call" regulation was issued on July 25, 2003, and applies to those industries, including insurance, that are exempt from a similar "do not call" regulation promulgated earlier this year by the Federal Trade Commission.

But the FCC's regulation goes beyond that of the FTC, in that it applies to all calls, both local and interstate. The FTC's regulation applies only to interstate calls.

In addition, the FCC declined to include a "de minimis" exemption for small businesses that make a limited number of calls.

FCC said in the regulation that it does not believe the costs of checking a national database will be unreasonable for a small business.

As for the insurance industry specifically, the FCC rejected formal comments filed by the Washington-based American Council of Life Insurers arguing that because the business of insurance is regulated by the states under the McCarran-Ferguson Act the regulation should not apply to the insurance industry.

FCC said the McCarran-Ferguson Act does not operate to exempt insurance companies wholesale from the "do not call" requirement.

Indeed, FCC said, the legislation that established the "do not call" requirement, the Telephone Consumer Protection Act, is compatible with state regulatory interests.

Moreover, FCC said, uniform application of a national "do not call" registry best serves the goals of the legislation.

"To exempt the insurance industry from liability under TCPA would likely confuse consumers and interfere with the protections provided by Congress through the TCPA," FCC said.

Special Reports /

Agents, Brokers May Sue Over ?Do Not Call' Regs

Related Stories

Recommended For You