Now that the constitutionality of the National Do-Not-Call Registry has effectively been settled with the February 2004 10th Circuit Court of Appeals decision, and Registry enforcement efforts continue to be taken by the Federal Trade Commission, the Federal Communications Commission and state Attorneys General, practical questions of compliance continue to arise as telemarketers attempt to ensure that their telemarketing programs are legally compliant.

As direct marketers of goods and services consider their options in moving forward with telephone solicitations, there are several key factors that are critical from a do-not-call compliance perspective under the FTC's Telemarketing Sales Rule and the FCC's rules under the Telephone Consumer Protection Act. Generally, in order to ensure compliance, it is imperative that telemarketers: (a) develop, implement and follow a written Do Not Call Policy; (b) train personnel in procedures established as part of the Do Not Call Policy; (c) scrub calling lists against the Registry as well as any state specific lists that remain; (d) become knowledgeable about the parameters for relying on the existing business relationship exemption, in general, and more specifically, for affiliates; (e) ensure compliance with company-specific internal do not call obligations; (f) keep accurate and detailed records of compliance; and (g) appoint a specific person to be a Chief Telemarketing Officer.