Friday, February 10, 2012

DirecTV, Comcast Settle FTC Charges

April 16, 2009

Satellite television provider DirecTV and Comcast Corp., one of the nation's largest providers of cable and Internet services, have agreed to pay a total of $3.21 million to settle separate FTC charges that they violated the "do not call" provisions of the Telemarketing Sales Rule, according to an agency press release. Among the charges were that the companies or their telemarketers called consumers who specifically had told the companies not to call them again. In addition, a DirecTV telemarketer and its principals have agreed to pay a $115,000 penalty for making prerecorded sales calls to consumers who had asked not to be called.

"In both of these cases, DirecTV and Comcast violated consumers' privacy by calling people who specifically had asked these companies not to call them again," FTC Chairman Jon Leibowitz said in a statement. "What makes DirecTV's actions especially troubling is that it is a two-time offender: DirecTV violated not only the FTC's do not call rules, but also a previous federal court order barring it from exactly this type of conduct." Liebowitz said his agency "won't tolerate firms that disregard consumers' specific requests not to be called, and we will be especially tough on companies that ignore their obligations under prior court orders."

A DirecTV spokesman said the cases pertained to a brief 2007 calling campaign to determine whether the firm had correctly recorded customers' do not call status. He said DirecTV believed the pre-recorded messages were permitted at the time because they were not attempting to sell anything -- but the FTC disagreed. "We're happy to have this behind us," he said. A Comcast spokeswoman pointed out the FTC found her firm's compliance with the national registry to be 99.85 percent and chose not to pursue any claim against them in that area. Their settlement was limited to alleged calls made to those identified on Comcast's internal do-not-call list, where its compliance rate was 99.74 percent.

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Juliana Gruenwald

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Tech Reporter

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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.