I
107TH CONGRESS
2D SESSION
H. R. 3911
To direct the Federal Trade Commission to issue rules that establish a
list of telephone numbers of consumers who do not want to receive
telephone calls for telemarketing purposes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 7, 2002
Mrs. JOHNSON of Connecticut introduced the following bill; which was referred
to the Committee on Energy and Commerce, and in addition to the Com-
mittees on Financial Services and Agriculture, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To direct the Federal Trade Commission to issue rules that
establish a list of telephone numbers of consumers who
do not want to receive telephone calls for telemarketing
purposes, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Telemarketing Relief
Act of 2002’’.
SEC. 2. ESTABLISHMENT OF TELEMARKETER NO-CALL LIST
BY FEDERAL TRADE COMMISSION.
Not later than 180 days after the date of the enact-
ment of this Act, the Federal Trade Commission shall
amend its rules under section 3(a) of the Telemarketing
and Consumer Fraud and Abuse Prevention Act (15
U.S.C. 6102(a)), to—
(1) establish a list of telephone numbers of con-
sumers who have notified the Commission or a Fed-
eral agency referred to in section 3 that they do not
want to receive telephone calls for telemarketing
purposes;
(2) specify the manner by which consumers
shall notify the Commission for purposes of para-
graph (1);
(3) make the list under paragraph (1) available
to the public; and
(4) subject to section 3, prohibit, as a deceptive
or abusive telemarketing act or practice, the making
of any telephone call for telemarketing purposes to
a telephone number included on the list under para-
graph (2).
SEC. 3. RULES BY OTHER FEDERAL AGENCIES.
(a) IN GENERAL.—Not later than 90 days after the
effective date of rules issued under section 2, and subject
to subsection (c)—
(1) the Securities and Exchange Commission
shall amend its rules under section 3(d) of the Tele-
marketing and Consumer Fraud and Abuse Preven-
tion Act (15 U.S.C. 6102(d)) in substantially the
same manner as the Federal Trade Commission
amends its rules pursuant to subsection (a) of this
section, subject to the exception set forth in section
3(d)(1)(B) of that Act;
(2) the Commodity Futures Trading Commis-
sion shall amend its rules under section 6(f) of the
Commodity Exchange Act (7 U.S.C. 9b), in substan-
tially the same such manner, subject to the excep-
tions set forth in paragraph (2) of that section; and
(3) the Board of Governors of the Federal Re-
serve System, the Federal Home Loan Bank Board,
and the National Credit Union Administration
Board shall each amend its rules under section 18(f)
of the Federal Trade Commission Act (15 U.S.C.
57a) in substantially the same such manner, subject
to the exceptions set forth in clauses (A) and (B) of
paragraph (1) of that section.
(b) 
FEDERAL
COMMUNICATION
COMMISSION
RULES.—
(1) PROMULGATION.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), and subject to subsection
(c), not later than 90 days after the effective
date of rules promulgated by the Federal Trade
Commission under section 2, the Federal Com-
munications Commission shall promulgate rules
substantially similar to such rules to prohibit
deceptive and other abusive telemarketing acts
or practices by persons described in paragraph
(2).
(B) EXCEPTION.—The Federal Commu-
nications Commission is not required to promul-
gate a rule under subparagraph (A) if it deter-
mines that—
(i) rules adopted by the Federal Com-
munications Commission provide protection
from deceptive and other abusive tele-
marketing by persons described in para-
graph (2) substantially similar to that pro-
vided by rules promulgated by the Federal
Trade Commission under section 2; or
(ii) such a rule promulgated by the
Federal Communications Commission is
not necessary or appropriate in the public
on the list established and published by the Federal Trade
Commission under section 2.
(d) PROVISION OF LIST TO FEDERAL TRADE COM-
MISSION.—Each Federal agency referred to in subsection
(a) or (b) shall promptly provide to the Federal Trade
Commission the list of telephone numbers established by
the agency pursuant to section 2(1), and any revisions to
such list.
SEC. 4. EXCEPTIONS.
The rules under this Act shall not prohibit use of a
telephone number of a consumer for any of the following:
(1) Charitable, political opinion polling, or other
nonprofit activities.
(2) Use with the consumer’s prior written or
verbal permission.
(3) Contacting a consumer in response to the
consumer’s visit to an establishment with a fixed lo-
cation.
(4) Use primarily in connection with an existing
debt of the consumer or contract with the consumer
that has not been paid or performed, respectively.
(5) Communication by a person with the con-
sumer regarding an existing relationship between the
person and the consumer.
(6) Compilation, by a provider of telephone ex-
change service or telephone toll service as defined
under section 3 of the Communications Act of 1934
(47 U.S.C. 153), of a directory of telephone num-
bers of that provider.
(7) Use by one business to communicate with
another business.
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