But AT&T wasn't laughing when the FCC proposed to levy a $780,000 fine "for making 78 telephone solicitations to 29 residential telephone customers who had previously asked not to receive such calls" (FCC, Nov 3, 2003). This actually was not a violation of the Do Not Call List, but rather of the 1991 Telephone Consumer Protection Act, which requires businesses to maintain a list of consumers requesting no further solicitations.

As many Dispatch readers wrote in response to last week's Dispatch, Do Not Call List Is No Joke (Nov 4), business-to-business calls aren’t covered by the National Do Not Call Registry. They are exempt. However, as the previously mentioned Illinois Association of Realtors bulletin pointed out, "If challenged as to whether an exemption applies, the FCC has indicated the caller will need to prove the exemption exists by clear and convincing evidence."

Given the political sentiment against unsolicited calls and our litigious business environment, cold calling could lead to unexpected penalties. For example, if a person in the Do Not Call Registry owns a property, does that make him or her a business? How do you differentiate between an investor and a business operator? Will the FCC believe your "clear and convincing evidence"?

--Peter Pike