FTC Hits DIRECTV for Violating Do Not Call List

DIRECTV and its telemarketers were a little too direct-calling persons who had registered for the federal Do Not Call list. As a result, the satellite television provider will pay a record fine of $5.3 million to the Federal Trade Commission.

The company agreed to stop using telemarketers who violate the FTC’s rules regarding the Do Not Call registry and to monitor future telemarketers to ensure that they do not violate the rule. The Do Not Call rules prohibit any telemarketing calls to persons who register on the list unless they have an existing business relationship with the company on behalf the call is being made. The FTC said that DIRECTV used the telemarketers and knew, or consciously avoided knowing, that they were placing calls to the Do Not Call list. In addition, telemarketers for DIRECTV were “abandoning” calls placed.

Under a consent decree, DIRECTV is enjoined from such practices in the future. It is required to ask new subscribers how they were contacted and if they are on the Do Not Call list. However, even if the customer comes as a result of a violation, DIRECTV still will be allowed to keep the new subscriber.

United States of America v. DIRECTV, Inc., No. 042 3039, C.D.W.D. Calif., December 13, 2005.