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DMA STATEMENT REGARDING LETTER TO FCC CHAIRMAN POWELL

NEW YORK, OCTOBER 3, 2003 – The Direct Marketing Association (The DMA) yesterday responded to Federal Communications Commission (FCC) Chairman Michael K. Powell’s request for assistance in obtaining information about the telephone marketing industry voluntarily honoring the wishes of consumers who have placed their household telephone numbers on the Federal Trade Commission’s (FTC) National Do Not Call Registry.

In the letter, The DMA states unequivocally that it will work to the fullest extent of the law to cooperate with the FCC. The DMA has begun compiling a confidential list of member companies who have identified themselves as having been able to download the FTC’s National Do Not Call Registry prior to when access to the list was shut down. The DMA also advised its members that, if they prefer, they can also send this information directly to the FCC.

"Even though we have near unanimous agreement in our large membership that marketers will not call those consumers who have expressed a desire not be called, The DMA has been told by numerous marketers that they cannot comply – even voluntarily – because they were unable, and still cannot, obtain a copy of the FTC’s no-call list," said H. Robert Wientzen, president & CEO, The DMA.

The DMA also responded to the FCC’s request for a copy of the FTC’s do-not-call database. Given the statements made by the FTC at the September 30 Senate Commerce, Science and Transportation Committee hearing regarding prosecution for any entity that shares the list, The DMA told Chairman Powell that it is unable, at this time, to comply with the FCC’s request. The DMA did, however, point out that it has advised all marketers that they should, to the extent that they can, work to respect consumers’ wishes during this period of uncertainty.

"The DMA appreciated Chairman Powell’s request and is genuinely committed to working with the FCC in a constructive manner to honor consumers’ requests," said Wientzen.

A copy of the letter to Chairman Powell will be available on The DMA’s homepage, http://www.the-dma.org, at noon EST.

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