Excerpted from: http://www.ftc.gov/bcp/privacy2/comments2/rsmith.htm

Consumer Privacy 1997 -- Request to Participate, P954807

Comments Submitted by Russ Smith

. . .

Answer 2.13, Part B Industry Telemarketing Self-Regulation: An Example

Industry self-regulation is clearly not possible when the Direct Marketing
Association (DMA) is involved. I have tried to file complaints with the DMA
about: companies that claimed to honor the Telephone Preference Service
(TPS) but did not (such as First USA and MBNA Banks), Bell Atlantic
misrepresenting the character of the TPS in all their telephone books (Bell
Atlantic claims the list is for companies that use national lists only when the DMA
sells a local list at a reduced rate. Bell Atlantic then tries to use this as an excuse
not to honor the TPS), and several members that are in violation of both the
TCPA and the FTC’s telemarketing Sales Rule. When I called the NY DMA
office they told me to call the Washington office. When I called the Washington
office they told me to contact the NY office. When I told them the NY office
referred me I was told the DMA does not accept consumer complaints. I
continued to pursue the matter and I was referred to their attorney, Robert
Sherman. I sent Mr. Sherman documentation of my claims. Mr. Sherman’s
response to me dated December 15, 1995 included the following:

So that there can be no misunderstanding on a going forward basis, I
have no intention of receiving, reviewing or responding to any further
communication from you."

Mr. Sherman went on to discuss the paucity of my submissions rather than ask
me for more information. Since this time, the DMA has continually referred the
matters to different people who always fail to respond. Mary Alice H. Hurst, a
member of their so-called ethics committee also indicated:

I intend to follow up on your posting and will get back to you on or before
9 December with either a full answer to why things were handled
(mishandled) in the manner you describe and/or with suggested next
steps. I frequently bring cases to the Ethics Committee…

I incorrectly assumed the year would be 1996 as I have not received any such
response. I have also requested a list of the DMA members. At one point, they
took my credit card number and told me it would cost about $50 for the list. I was
then told they were sold out and they did not know when they would publish the
list again. I asked them to e-mail the list and now they will not respond. I certainly
do not trust an association to do any self-regulating when they will not even
disclose their members. Based on review of DMA comments to the FTC and
FCC, their position is reminiscent of tobacco executive that claim smoking does
not affect health. I feel the Commission should give their comments similar
weight.

. . . .