We Use Illegal Telemarketing Not To "Change Your Do-Not-Call Status," But To "Give You An Opportunity To Change Your Do-Not-Call Preference"

DirecTV is defending automated sales calls to Do Not Call List subscribers as “informational,” and “not telemarketing.” The satellite TV provider recently called customers to say: “Because you are on our Do Not Call List, we can’t call you with all of our super-awesome special promotions.” This bothered reader Nina, who fired off angry letters to both DirecTV CEO, Chase Carey, and FCC Chairman Kevin Martin. Nina received the following pigheaded reply from DirecTV counsel, Rose Foley:

*Rose G. Foley*
*Direct Dial: (310) 964-2021*
*Facsimile: (310) 964-4884***

Dear :

I am responding to your September 23 and 25, 2007 letters to the FCC, which you copied to Chase Carey. I am sorry that we troubled you with our recent calls about your do-not-call status.

The purpose of our calls was not to sell you anything or change your do-not-call status without your consent. They were purely informational calls intended to remind you of your status and give you an opportunity to change your do-not-call preference.

We initiated this recent do-not-call update campaign in order to make sure that information about our customers’ preferences is up to date and accurately reflects our customers’ wishes. We have found that a customer who at one time requested to be put on our internal do-not-call list may later decide that he or she would like to receive information from us about a variety of things.

Since our calls were informational in nature, and not telemarketing sales calls, they fall outside the scope of the Telemarketing Sales Rule and related federal and state laws and regulations governing telemarketing sales practices. As such, our calls did not violate any of these statutes or regulations.

I have confirmed that your number was removed from this campaign. I hope this explains why we made the calls and addresses your concerns.


Rose G. Foley
DIRECTV Legal Department

We would love to hear what the army of lawyers over at the FTC and FCC thinks of DirecTV’s deceptive and likely illegal interpretation of the The Do Not Call Implementation Act.

PREVIOUSLY: DirecTV Calls Customer On Do-Not-Call List To Ask If They Want To Hear A Sales Pitch Anyway
(Photo: blatch)