how did those specific industries (long-distance telecom, airlines, banks and insurance) lobby for exceptions to the law, anyway? what possible legitimate reason would an airline have to cold-call me, if i don't already have an existing business relationship with them (i.e., i bought a ticket and the flight time changes, for instance)? i don't get it.


It's not the case that those industries successfully lobbied for exemptions to the Do Not Call rule. Rather, the FTC has never had jurisdiction over those industries on the theory that they are already highly regulated by other government agencies (FCC, FAA, etc). I think that's a good thing in general since the alternative would inevitably lead to companies having to follow contradictory regulations issued by competing agencies.

It is worth noting that if an exempt company (other than an insurance company) engages the services of a telemarketing firm, the telemarketing firm itself is subject to the rule. The FTC resisted several attempts to relax this constraint.

According to the FTC website, the FCC has already started the rulemaking process on subjecting telecom firms to the Do Not Call List. I would bet that once the rule kicks in that there will be enough pressure to close the loopholes that the other agencies will do their own rulemaking (although, having never actually been telemarketed by an airline, I could see the FAA not bothering). Similarly, I would expect almost all states to mandate the use of the FTC list for intrastate calls within a couple years.

Unfortunately, I don't see any relief forthcoming on charitable and political calls. Restricting political calls would not only require congresscritters to act against their own interests, but would face serious constitutional issues. And, for some reason I've never been able to fathom, Congress is loath to regulate charities.

--John