What You Need to Know about the FTC’s National Do Not Call List and the TeleZapper!

Does The National Do Not Call List Stop All Calls? NO!
When and if the FTC Do Not Call List is implemented, many telemarketing calls will still get through to consumers who have signed up for the FTC protection. As outlined below, the current federal legislation carries many exemptions or loopholes that will allow telemarketers to reach consumers. As such, the FTC Do Not Call Registry is not the comprehensive solution to the telemarketing problem that consumers think it is.

What Kind of Loop Holes Are In The National Do Not Call List?
The FTC Do Not Call List Registry only regulates interstate telemarketing calls (calls made across state lines) and does not affect intrastate calls, (calls made from within each given state). Consumers would still need to get on their State Do Not Call List, if one is available (only approximately 30 states have some form of telemarketing legislation at this time), to rid themselves of intrastate telemarketing calls. Parties that are consistently exempted from State Do Not Call Lists include:

• Businesses calling established customers or at the customer’s invitation
• Businesses soliciting other businesses
• Charities
• Politicians
• Nonprofit organizations
• Debt collectors
• Insurance companies
• Newspaper publishers
• Government agencies

With all of the multiple exemptions that State Do Not Call Lists have, those consumers who choose to participate in both the FTC list and their State registry, will still receive many telemarketing calls that will continue to annoy them.

Exemptions and Limitations of the FTC Rule:
The FTC do not call list will not filter out all telemarketing calls. The following telemarketing entities are still permitted to call consumers, regardless if they have signed up for the FTC Do Not Call list:

• Telemarketers calling to solicit charitable contributions.
• Companies with established business relationships with a consumer. A business relationship is defined by the FTC as one in which a consumer has purchased, leased or rented products or services from a company over the past 18 months.
• Politicians
• Banks
• Telephone companies
• Insurance firms

Legal Action Against The National Do Not Call Registry:
Currently there is legal action being taken against the implementation of the National Do Not Call List. The Direct Marketing Association (DMA) and the American Teleservices Association (ATA), on behalf of the telemarketing industry, are arguing that there is significant economic and employment impact with the implantation of the National Do Not Call List. According to the DMA, telemarketing is a $668 billion industry that employs over 6.8 million people. This represents about 14% of the U.S. economy and 5% of the country’s workforce. Currently the do not call list has been placed on hold by a federal court in Oklahoma, claiming that the FTC does not have the jurisdiction to implement the list.

State Do Not Call Legislation...

A Short History of Telemarketing Laws Past And Present

In the past, federal and state lawmakers had turned to the concept of requiring telemarketers to honor customer requests not to be called again. That law, embodied in the 1991 Federal Telephone Consumer Protection Act (TCPA), requires telemarketing companies to compile lists of persons not wanting calls and to refrain from calling those people for 10 years. Telemarketers are supposed to purge the names on their compiled no-call lists from any phone number listings they use.

The TCPA was reinforced by FCC telemarketing regulations adopted in 1994 that took effect Jan. 1, 1995. The federal law allows the FCC or state officials/agencies to file TCPA suits in federal court on behalf of injured parties.

But consumer advocates say the federal regulations offer little protection because consumers individually must sue no-call violators. The federal law prescribes a penalty of $500 per call violation and is enforced by the federal courts.

There has been a recent trend amongst state legislatures to implement and maintain state do not call lists to help protect consumers against telemarketers disrupting their privacy as well as from telemarketing fraud.

Consumer groups want the lists as a defense against intrusive telemarketing calls. But many consumers fail to realize that the state no call lists are not fool proof. State no call list laws have many exemptions that still permit many telemarketing calls to make it through to consumers. Charities, nonprofit organizations, market researchers, banks, insurance agencies, debt collectors are frequently exempted from state do not call laws.

On a federal level, Senate Bill 1881, also known as the Dodd-Miller Bill,was introduced and proposes a National Do Not Call Bill similar to that of the FTC National Do Not Call List proposal. The bill is currently in the Commerce, Science and Transportation Committee where it is being reviewed for placement. If passed, this bill may supercede the FTC’s jurisdiction for a national no-call list. The Dodd-Miller Bill has not been put on the calendar yet, and therefore could theoretically go nowhere if it does not make it past the committee approval process.

As it is currently written, this bill would allow all state no-call lists to remain intact and have one federal list, similar to the FTC proposal, regulating interstate telemarketing calls. If Dodd-Miller passes as it is currently written, the complexity of the issue lies in having to deal with fifty-one state no-call lists plus one national list.

However, the makers of this bill foresee difficulty with getting the bill passed as it is currently written without amending it. Foreseeing potentially 52 lists as a problem, a possible amendment to the bill would be for the federal government to regulate both interstate and intrastate telemarketing and do away with individual state no-call laws. However, with state interests at stake that may not be a realistic option.

As of October 1, 2002 the committee working on the Dodd-Miller bill will be submitting a proposal to the FTC next week. What is in the proposal has not been disclosed at this time.

ALABAMA
Alabama’s do not call law passed in 2000 and took effect July 1, 2001. It bans telemarketers from calling persons on the state no-call list maintained by the Alabama Public Safety Commission. There are twenty-five exemptions to the state do not call list-- the most exemptions out of the 28 states with no call lists. Exemptions range from allowing calls to solicit cable to funeral services. Violations of the law are enforced by civil suit brought about by the injured party, Public Safety Commission, or attorney general's office. Penalties are not specified but may include civil fines and injunctions.

Exemptions to Alabama’s do not call law include:

• Solicitations for an isolated transaction not done in the course of a pattern of repeated transactions
• Calls for religious, charitable, political, educational, or other noncommercial purposes or someone soliciting for a nonprofit corporation, including rural electric cooperatives
• Calls from anyone who doesn’t intend to complete a sale during the call or who doesn’t make the major sales presentation during the call. Also, anyone who doesn’t complete the sales presentation during the call but who completes the sales presentation at a follow-up meeting
• Solicitations from any licensed securities, commodities, or investment broker, dealer, or investment adviser
• Solicitations from any licensed associated person of a securities, commodities, or investment broker, dealer, or investment adviser, when soliciting within the scope of his or her license
• Solicitations for the sale of a newspaper, periodical, or magazine
• Solicitations for a book, video, or record club or contractual plan or arrangement
• Solicitations from a commercial bank, trust company, savings and loan association, mutual savings bank, credit union, industrial loan company, consumer finance lender, commercial finance lender, or insurer
• Solicitations from any licensed insurance broker, agent, customer representative, or solicitor
• Solicitations for the sale of cable television services
• Solicitations for some types of business-to-business sales
• Solicitations for sales or advertising in a catalog, periodical, or magazine of the seller's merchandise or ad purchasers, merchandise to prospective purchasers
• Solicitations for maintenance or repair contracts for goods that were bought from the solicitor
• Solicitations from a telephone company or utility company regulated by the Alabama Public Service Commission
• Solicitations for funeral services
• Solicitations from a licensed commercial telephone seller
• An issuer or a subsidiary of an issuer that has a class of securities subject to Section 12 of the Securities Exchange Act of 1934 (15 U.S.C. Section 781)
• Solicitations for telephone answering services
• Solicitations for transactions regulated by the Commodity Futures Trading Commission
• Solicitations for the sale of food or produce if for less than $500
• Solicitations to consumers who have an existing business relationship with the caller
• Solicitations from a retail business in operation for at least a year whose products or services are offered for sale at the place of business
• Solicitations for vacation time-sharing plans
• Solicitations from a telemarketing company with 75% of its contracts to exempt entities
• Solicitations for the sale of an annual publication of notable individuals

Due to the variation of exemptions that exist within each state there is very little consistency between each states’ no-call legislation. There is also great variability in how individual states execute their no-call laws and because of this, the effectiveness of the protection they lend to consumers is questionable. According to the State Telephone Regulation Report, with the amount of exemptions that Alabama has, their list does not protect against 90% of telemarketing calls being made to Alabama residents.
For more information on Alabama’s do not call list, visit www.ago.state.al.us/consumer.cfm,
or call Alabama’s Attorney General’s Consumer Affairs Division at 1-800-392-5658.

Source: State Statutes
State Telephone Regulation Report (8/17/01)

ALASKA
Alaska’s do not call law passed in 1999 and bars telemarketers from calling persons on no-call lists maintained by the state's local exchange carriers. Registration is free to residents.

Exemptions to the do not call law include:

• Government agencies
• Charities, businesses soliciting other businesses or their own established customers
• Businesses calling by customer invitation
• Polls

Violations are enforced via civil suit and are filed by the injured party or state attorney general. Civil penalty can be greater then $500 or triple actual damages, plus plaintiff's legal fees. Punitive damages are allowed.
For more information on Alaska’s do not call list, please visit www.law.state.ak.us/consumer/tele_alaska.html or call the Attorney General’s office at (907) 465-3500

Sources:
State Telephone Regulation

ARIZONA
(SB-1296) that would have established a do not call list in Arizona failed in the House during the 2002 session. Currently in Arizona, telemarketing sellers are required to submit a full or limited registration with the Secretary of State. They are currently prohibited from using caller identification blocking devices, artificial or prerecorded voices and unsolicited telephone calls to any mobile or telephone paging system and are required to maintain a “no call” list of consumers who have previously stated a desire to not receive outbound calls from, or on behalf of, the seller. Telemarketers are only permitted to call Arizona residents between the hours of 8:00 a.m. and 9:00 p.m. The “no-call” list requirement conforms to the Telephone Consumer Protection Act and Federal Trade Commission requirements.
For more information about the Arizona laws governing telemarketing, log onto
http://www.attorneygeneral.state.az.us/consumer/telemarketing.html .

Source: State Statutes
Title 44, Ch.9, Article 6 (ARS 44-1271 through 44-1281)

Exemptions to the do not call law include:

• Businesses calling established customers or at customer's invitation
• Debt collection
• Regulated industries
• Banks offering services other than credit cards
• Charities and newspaper publishers

Penalties are not specified but may include civil fines and injunctions. Enforcement of the law is through the Attorney General’s office.

For more information on Arkansas’s do not call list, please visit www.donotcall.org
or call the Attorney General’s office at 1-877-866-8225 or locally (501) 682-1334.

Sources: State Statutes
State Telephone Regulation Report (8/17/01)

CALIFORNIA
Senate Bill 771 was recently enacted in California and has allowed the Attorney General’s office to begin implementing a do not call registry for California residents. Residents will be able to sign up for the registry in early 2003 for a fee of $1. A consumers name will remain on the list for a total of three years. The Attorney General’s office will update the do not call registry on a quarterly basis.

When the do not call list goes into effect residents will be given the option to sign up for the list by calling a toll free 800 number or by logging onto the internet Only residential or wireless phone numbers can be added to the list. Business numbers are not permitted to participate in the registry. Consumers who sign up for the list will also have the option of identifying particular telephone solicitors from whom they would permit sales calls.

Those who violate the no call law will face fines of $500 for the first violation and $1,000 for any subsequent violations.

Exemptions to the do not call law include:

• Tax-exempt charitable organizations
• Designated small businesses
• Businesses and non profit organizations that have an existing relationship with a consumer
• Businesses that call to verify that the solicitation was authorized by the consumer or to verify that the consumer did not want them to call again.

For more information on California’s proposed do not call bill, visit http://caag.state.ca.us. You can also contact the Public Inquiry Unit at (916) 322-3360 or, within California, by calling (800) 952-5225 for an update.
Source: State Statutes and Office of the Attorney General State of California, Dept of Justice

COLORADO
The Colorado do not call registry law passed in 2001, and took effect July 1, 2002. Over 37,000 households registered for the list during the first day of registration. This list bans calls to residents on state no-call list. E-Info Data.com maintains the list. Their contract is for a three-year term with possible two, one-year extensions. Colorado residents can sign up on the list for free via an 800 number or the Internet through the Attorney General’s office. This list is updated on a quarterly basis and telemarketers must pay to have access to the list. The cost to telemarketing firms depends upon how many employees they have. As an example if a telemarketing company employs over 1,000 people they would have to pay $500 for a do not call list.

There are several exemptions to the do not call law, they include:

• Charities, political organizations
• Businesses calling established customers or at customer's invitation
• Political candidates, ballot issues, soliciting the expression of opinions, ideas or votes
• For 30 days after a resident has contacted a business to inquire about the potential purchase of goods or services or until the resident requests that no further calls be made, whichever occurs first.

Violators of the do not call law are considered to be partaking in deceptive trade practices. Violations are enforced by civil suit filed by the injured party. Colorado’s state Attorney General can prosecute only if there are more than 3 violations in the same month. Telemarketers also required registering with state and designating in-state legal agent.

For more information contact the Colorado Consumer line at 1-800-222-4444 or visit on the web at http://www.ago.state.co.us/CONSPROT.stm.

Source: State Statutes and Office of the Attorney General State of Colorado, Dept of Justice

CONNECTICUT
The Connecticut do not call law passed in 2000 and took effect January 1, 2001. The law bans telemarketers from calling persons on the state no-call list maintained by the Department of Consumer Protection. Residents do not have to pay a fee to be put on the list. The list is updated quarterly. Telemarketers can only contact Connecticut residents between the hours of 9:00 am and 9:00 pm. Telemarketers may not send electronically transmitted faxes, use recorded devices to leave a solicitous message or intentionally block the use of Caller ID. If the do not call law is violated the Attorney General has the authority to bring action against the violator through the use of cease and desist orders, fines of up to $5,000, court injunctions and penalties up to $25,000 for violation of those injunctions.

Exemptions to the do not call law includes:

• Calls made in response to written or verbal request or permission by the consumer
• Tax-exempt non-profit organizations, including paid phone solicitors
• Telephone companies compiling their own directories
• Calls in response to a visit to a business that has a fixed location (ex. car dealership)
• Calls made to an existing customer (ex. a bank you have a checking account with)
• Calls made regarding an existing debt or contract
• Calls from solicitors during their first year in business, unless they are told not to call again
• Calls made for non-commercial purposes such as polls and surveys

For more information contact the Connecticut Attorney General at 860-808-5318.

Source: State Statutes and Office of the Attorney General State of Connecticut, Dept of Justice

FLORIDA
The Florida do not call law passed in 1989 and took effect January 1, 1990. The law bans telemarketers from calling persons on the state no-call list maintained by the Division of Consumer Services. Florida residents must pay a fee of $10.00 initially to be put on the list and then $5.00 annually to renew. Telemarketers must pay an annual fee of $400 to view the list. The list is updated quarterly. If the do not call law is violated the Division of Consumer Services has the authority to bring action against the violator through the use of civil suits and fines up to $10,000 for actual damages and legal fees.

Exemptions to the do not call law includes:

• Businesses calling established customers or by invitation
• Debt collection
• Newspaper publishers
• Charities
• Political campaigns

For more information consumers can log onto www.800helpfla.com or call the Division of Consumer Services at (850) 488-2221.

Source: Florida State Statutes
Division of Consumer Services, Florida

GEORGIA
The Georgia do not call law passed in 1998. The law bans telemarketers from calling persons on the state no-call list that is maintained by the Georgia Public Service Commission. Georgia residents must pay a fee of $5.00 annually to renew their phone number on the list. Telemarketers must pay an annual fee of $10.00 to view the list. The list is updated quarterly. If the do not call law is violated by a telemarketer the Georgia Public Service Commission has the authority to bring action against the violator through the use of civil suits and fines up to a maximum of $2,000 for actual damages and legal fees.

Exemptions to the do not call law includes:

• Companies with which you have a current or prior business relationship
• Companies that have your prior express invitation or permission to call
• Political candidates or polling companies
• Recognized charities or religious organizations

For those residents who wish to sign up for the Georgia no call list they must meet the following deadlines to be placed on the list:
If you register by: You will be on the List on:
November 1st January 1st
February 1st April 1st
May 1st July 1st
August 1st October 1st
For more information consumers can log onto www.ganocall.com or call the Georgia Public Service Commission at (404) 657-7544

Source: Georgia State Statutes
Georgia Public Service Commission

HAWAII
Hawaii’s no call law went into 1999 and bans telemarketers from calling anyone who asks not to be called again.
The law relies on no-call lists maintained by individual telemarketers. Telemarketers are only permitted to solicit between the hours of 9 a.m. and 5 p.m. No specific exemptions are indicated in the no-call laws for Hawaii. Suits can be brought either by injured party or by state Attorney General.
Hawaii’s no cal list is part of a broad telemarketing statue that is enforced by the Department of Commerce and Consumer Affairs and the Office of the Attorney General.
No call violations carry the same penalties as other telemarketing law infractions.

For more information on Hawaii’s no call law log onto http://www.state.hi.us/ag/ or call the Attorney General at 808-586-1500.

Source: State Telephone Regulation Report

IDAHO
The no call law passed in 2000, which took effect July 1, 2001 and bans telemarketers from calling persons on state no-call list. The list is updated and maintained by the Office of Attorney General. Consumers must pay $10 as the initial fee to have their numbers placed on the list plus $5 renewal fee every 3 years. Telemarketers must pay a $25 fee to get a copy of list.

Exemptions to the do not call law include:

• Businesses soliciting other businesses or their own established customers
• Children selling goods or services for fund-raisers

Violations of the law are enforced, via civil suit with a fine between $500 and $5,000 penalty for each violation. Exemptions to the no-call law include:
For more information on the Idaho no call law log onto www2.state.id.us/ag/or call
(208) 334-2400.

Source: Idaho Attorney General Office
State Telephone Regulation Report

ILLINOIS
The Restricted Call Registry Act (SB1830) passed in 2002 and will ban telemarketing calls to persons on Illinois’ state no-call list. The Restricted Call Registry Act was signed into law by Governor George Ryan. The law will establish a no-call list that will be maintained and enforced by the Illinois Commerce Commission. It will require consumers to pay a $5 registration fee and telemarketers to pay $1,000 quarterly for the updated list. Violators will face fines up to $2500 per offending call.

Exemptions to Illinois’ no call law include:

• Businesses calling their own customers
• Telecom companies
• Banks and other financial service companies
• Insurance companies
• Realty companies

For more information you can call the Illinois Consumer Protection Division at
(217)-785-2771.

Sources: Illinois Consumer Protection Division
State Telephone Regulation Report

INDIANA
The Indiana do not call law passed in 2001. The law bans telemarketers from calling persons on the state no-call list maintained by the Consumer Protection Division of the Attorney General's Office. Registration is free to residents of Indiana. Telemarketers must pay an annual fee of $300 to view the list. The list is updated quarterly. If the do not call law is violated the Consumer Protection Division has the authority to bring action against the violator through the use of civil suits. Violations are considered deceptive trade practice, punishable by up to $10,000 fine per call for the first offense and up to $25,000 fine per call for additional offenses.

Exemptions to the do not call law include:

• Businesses calling at customer's invitation
• Calls in response to customer inquiries
• Calls to set up sales appointments
• Debt collection
• Charities
• Insurance companies
• Newspaper publishers

For more information consumers can log onto www.in.gov/attorneygeneral/telephoneprivacy/index.htm or call the Indiana Consumer Protection Division at 1-888-834-9969.

Source: Indiana State Statutes
Consumer Protection Division

KANSAS
The Kansas do not call law passed in May of 2002 when Governor Bill Graves signed it into law. The law bans telemarketers from calling persons on the state no-call list. The law went into effect on August 12,2002 after a contract was signed with Govconnect, a firm that will maintain and update the Kansas do not call list.
Residents of Kansas must pay a $5 registration fee if they choose to register online or they can mail in their registration free of charge. If the do not call law is violated the Consumer Protection Division has the authority to bring action against the violator through the use of civil suits.

Exemptions to the do not call law includes:

• Groups soliciting for charities
• Political Candidates
• Businesses that have had a relationship with a customer for over 3 years
• Businesses that have been called by consumers seeking information

For more information consumers can log onto www.ink.org/public/ksag/contents/consumer/nocall/no-call.htm or call the Kansas Consumer Protection Division at 1-800-432-2310.

Sources: Kansas Consumer Protection Anti-Trust Division
State Telephone Regulation Report

KENTUCKY
The Kentucky do not call law (HB47) passed in 2002 by Governor Paul Patton and went into effect July 15, 2002. The law bans telemarketers from calling persons on the state no-call list. As an addition to the old state no-call list a new, zero-call list, with only 5 exemptions has been added. The previous do not call list in Kentucky had 22 exemptions rendering it nearly worthless.. The current list, like the old one, will be maintained and enforced by the Attorney General Consumer Protection Division. Registration is free to residents of Kentucky. Telemarketers must pay an annual fee to view the list. The list is updated quarterly. If the do not call law is violated the Consumer Protection Division has the authority to bring action against the violator through the use of fines of up to $5,000 per offending call, with criminal felony prosecution as an option after a third offense in the same year.

Currently the Kentucky list has 41,000 members. Exemptions to the do not call law includes:

• Businesses calling established customers
• Charities
• Nonprofit organizations
• Debt collection
• Businesses soliciting other businesses

For more information or to sign up for Kentucky’s no-call list consumers can log onto http://www.kycall0.net/or call the Kentucky Attorney General's toll-free telemarketing complaint hotline at 1-866-877-7867.

Source: Kentucky State Statutes
Consumer Protection Division

LOUISIANA
The Louisiana no call law went into effect in April 2002 and bans telemarketing calls to persons on the state no-call list. The no call list is maintained and enforced, via civil suit, by the Public Service Commission of the Attorney General. Consumer registration is free to Louisiana residents. Telemarketers must pay $800 annually to consult the list, which is updated on a quarterly basis. A $1500 fine per call or a $3000 fine per call is enacted if the individual being called is over the age of 65.

Exemptions to the law include:

• Non profit organizations
• Bill Collectors
• Companies that a consumer has done business with in the last six months
• Market researchers
• Political candidates
• An organization that the consumer requested to call them (i.e. drawings, sweepstakes etc.)

For more information or to sign up for Louisiana’s no-call list consumers can log onto http://www.lpsc.org/ or call the Louisiana Consumer Protection Division at
1-800-351-4889

Source: Louisiana State Statutes
Consumer Protection Division

VERMONT
Vermont’s no call law was signed on June 5, 2002 and took effect July 1, 2002 and bans telemarketers from calling anyone who asks not to be called again. Vermont residents are encouraged to sign up for the Direct Marketing Association’s Telephone Preference Service. Telemarketers are only permitted to solicit between the hours of 9 a.m. and 5 p.m.

Exemptions to the do not call law include:

• Prior business relationship
• Prior existing authorization
• Nonprofits

Violations are enforced by the Office of the Attorney General and are $5,000 for the first offense and $1,000 for each additional offense.

For more information on Vermont’s no call law, call the Attorney General’s Office at

Source: State Telephone Regulation Report

MASSACHUSETTS
According to the State Telephone Regulation Report the Massachusetts House Commerce and Labor Committee recently advanced a no-call telemarketing bill (HB5225) that would make it illegal for telemarketers to call any Massachusetts resident on the no call list. The measure would give the state attorney general authority to establish and enforce the list.
For those telemarketers who violate the law, penalties would include a $5,000 fine per offending call, plus civil damages.

The bill would provide the following exemptions:

• Businesses calling existing customers
• Charities and nonprofits
• Debt collectors
• Responses to inquiries

The bill is currently in its third reading and will then proceed to be voted on. It needs approval from the Senate and then will move on to be signed by the Governor. Due to budget crisis in Maine this piece of legislation may be carried over to the September session or may be wrapped up in informal sessions before that date.

For more information on the proposed bill status you can log onto www.state.ma.us/legis/ltsform.htm and type in 5225 or call the House Clerk’s Office at
(617) 722-2356

Source: State Telephone Regulation Report
Committee on House Steering, Policy and Scheduling

MINNESOTA
The Minnesota House recently passed a no-call telemarketing bill (SF-3246) that would make it illegal for telemarketers to call any Minnesota resident on the list. The measure was passed on May 15, 2002 and will give the commissioner of state commerce authority to establish and enforce a state no-call telemarketing list that must go into effect by January 1, 2003. The commissioner may contract with a third party to maintain the list.  Local exchange carriers are to inform their customers how to get on the state list. Residents who sign up for the list, either by the Internet or by mail, will remain on the list for 4 years. Registration is free to Minnesota residents.  Telemarketers must pay no more than $125 for each acquisition of the list. For those telemarketers who violate the law, the commissioner has the authority to impose civil penalties of up to $ 1,000 per offending call.

Exemptions to the no-call law include:

• A resident who has expressed prior invitation or permission
• A resident that has had a previous established business or personal relationship with the solicitor
• Non-profit organizations
• By a person who is soliciting without the intent of finishing the sales presentation over the phone but is calling to complete the presentation at a later date face to face with the prospective purchaser

For more information on the Minnesota no-call law log onto www.revisor.leg.state.mn.us/slaws/2002/c367.html or call the Department of Commerce at (651) 296-4026.

Source: Minnesota Session Laws
Minnesota Department of Commerce

MISSOURI
The no call law passed in 2000, which took effect July 1, 2001 and bans telemarketers from calling persons on state no-call list. Registration is free for Missouri residents. Telemarketers must pay to view the list but are allowed the option to purchase any of the six area codes, of their choice, within the state. If a telemarketer were to purchase a list for all six area codes, the cost would be $600 annually.

The list is maintained and updated on a quarterly basis by the Attorney General’s Office. Violations of the law are enforced, via civil suit with a minimum of $5,000 penalty for each violation.

Exemptions to the no-call law include:

• Businesses calling established customers or by invitation
• Charities
• Telephone companies
• Solicitors that have been expressly invited or given permission to call (example: sweepstakes entries)
• Persons calling on a referral or working from their homes, or any person licensed for a trade or profession who is setting or attempting to set up an appointment

For more information on the Missouri no call law log onto www.ago.state.mo.us/nocalllaw.htm or call the Missouri No Call Unit at 1-866-662-2551

Source: Missouri Attorney General Office

NEW JERSEY
The New Jersey no call bill (A-727) passed the assembly on June 21, 2001 and is currently in the Senate Commerce Committee awaiting approval. The no call bill would allow the state Division of Consumer Affairs to establish a toll-free number for state residents to register if they do not want calls from telemarketers. Registration is free to New Jersey residents. Telemarketers will have to pay a fee to view the list. The no call list would be updated quarterly.

Exemptions to this bill would include:

• Businesses calling their customers
• Debt Collection
• Charities
• Political organizations

Violations of the no call law would be considered unlawful practice and are subject to $10,000 for the first offense and no more than $20,000 for the second. Additional penalties can be induced if it is found that the violation was knowingly directed at a senior citizen or person with disabilities.
For more information or to check the status of the New Jersey no call bill log onto www.njleg.state.nj.us and type in A 727. Or call the New Jersey law library at
609-292-6230

Source: New Jersey Assembly 210th legislature Bill A727

NEW YORK
The New York do not call Law passed in 2000, and took effect April 1, 2001. It bars telemarketers from calling persons on state no-call list. The New York Dept. of Consumer Protection maintains the list.
There are over 2,330,565 New York residents signed up for the list. Registration is free to residents of New York. Telemarketers must pay an annual fee of $500 to view the list. The list is updated quarterly. If the do not call law is violated the Consumer Protection Division has the authority to bring action against the violator through the use of civil suits. Fines for violations are $5,000 per offending call.

Exemptions to the do not call law include:

• Businesses calling established customers or by invitation
• Calls to set up sales appointments

New York State residents can register by calling 1-866-622-5569; by visiting www.consumer.state.ny.us; or writing to P.O. Box 2078, Albany, NY 12220-0078

Source: New York Consumer Protection Division

OKLAHOMA
The Oklahoma do not call law passed on April 15, 2002 and took effect
July 1, 2002 but won’t be ready until January 1, 2003. The law bans telemarketers from calling persons on the state no-call list maintained by the Oklahoma Attorney General. The legislation is patterned after one in Missouri that was launched last July. Registration is free to Oklahoma residents. Telemarketers must pay an annual fee of $250 to view the list and a $100 renewal fee thereafter. The list is updated quarterly. If the do not call law is violated penalties may be a $500 fine per call for a first offense and $5000 fine for subsequent offenses.

Exemptions to the do not call law includes:

• Charities
• Nonprofit groups
• Political campaigns
• Prior business relationship
• Face to face sales

HB2837 also passed on June 7, 2002 that bans the use of predictive dialing equipment that cause the abandonment rate for calls to exceed five percent.
For more information consumers can log onto the Attorney General website at http://www.oag.state.ok.us/explorer.index.html or call the office at 918.581.2885.

Source: Oklahoma State Statutes
Oklahoma Attorney General
State Telephone Regulation Report

OREGON
The no call law passed in 1999, and took effect in 2000, and bans telemarketers from calling persons on state no-call list. Residents must pay $6.50 fee to be on the list and $3.00 annually to renew their number. Telemarketers must pay to view the list.

The list is maintained and updated on a quarterly basis by a third party that is contracted with the Oregon Attorney General’s Office. Violations of the law are considered unlawful trade practices and are subject to civil penalties of up to $25,000 per violation.

Exemptions to the no-call law include:

• Businesses calling their established customers or by invitation.
• Charities
• Political polls, opinion surveys
• Businesses consumer has purchased from in the past including a “predecessor” of a business enterprise, for certain financial institutions

Oregon has one of the most aggressively enforced “No Call” laws in the nation. The Financial Fraud Section of the Oregon Department of Justice successfully prosecuted over 115 telephone solicitors and penalties imposed totaled nearly $400,000.

For more information on the Oregon no call law log onto http://www.doj.state.or.us/ and click on the “Oregon No Call Program” or call the Oregon Attorney General’s office at (503) 378-4400.

Source: Oregon Attorney General Office- No Call Program

PENNSYLVANIA
The do not call law was passed in April 2002. Law went into effect May 31st, 2002 and bans telemarketing calls to persons on state no-call list. List will be maintained by a non-profit organization that will be responsible for updating the list on a quarterly basis. Consumer registration and a consumer’s phone number will remain on the list for 5 years. Telemarketers pay to consult the list.
A violation of the law carries a penalty of up to $1,000 or $3,000 if the individual being called is age 60 or older. The Attorney General will enforce list violations.

Exemptions to the do not call law include:

• Calls made by a consumer’s previous request in reference to an existing debt, contract, payment, or performance
• A current and existing business relationship between the consumer and telemarketer
• Charities or fraternal orders
• Veteran’s organizations
• Political candidates

For more information on the Pennsylvania no call law log onto www.attorneygeneral.gov/ppd/bcp/index.cfm and click on “Telemarketing in Pennsylvania” or call the Pennsylvania Bureau of Consumer Protection at
717-787-9707

Source: Pennsylvania Bureau of Consumer Protection

Telemarketers must state who they are working for and what they are selling before they try to explain their sales pitch to you.
Telemarketers must fully explain the offer or product they are selling including price, restrictions or conditions.
Telemarketers need your express verifiable permission to withdraw any money from any of your accounts.

Currently The House of Representatives approved bill (SB-2246) on
April 25, 2002 that creates a registry for consumers who want to prevent telemarketers from calling their home. The bill passed by a 70-16 vote despite concerns it contains too many exemptions, including banks, phone and insurance companies.

Interested consumers would sign up on a registry, to be maintained by the Attorney General's Office. Telemarketers doing business in the state would have to purchase the list from the Attorney General's Office. Companies that call people on the list would face a fine of up to $500 for a first violation.

For more information contact the Rhode Island Consumer Protection Unit at
(401) 274-4400 .

Source: Rhode Island Attorney General and State Telephone Regulation Report

TENNESSEE
The Tennessee no call law went into effect in 2000 and bans telemarketing calls to persons on the state no-call list. The no call list is maintained and enforced by the Tennessee Regulatory Authority, which has the power to assess fine up to $2,000 per offending call. The Tennessee law also allows enforcement via civil suit brought by injured party or "any other interested party," with same $2,000 penalty per call. Telemarketers must pay a $500 annual fee to consult the no call list. Local exchange providers must inform customers twice per year of no-call list's existence and how to register for the list.

Exemptions to the law include:

• Members of nonprofit organizations soliciting on behalf of their groups
• Businesses calling established customers or by invitation
• "Incidental" telemarketers who make fewer than 3 solicitation calls per week

For more information or to sign up for Tennessee’s no-call list consumers can log onto http://www2.state.tn.us/tra/nocall.htm or call the Tennessee Regulatory Authority (TRA) at 1-800-342-8359

Source: Tennessee Regulatory Authority
Do not call program website

TEXAS
Two statewide no-call lists are maintained by the Texas PUC and took effect in January 2002. The “state” do not call list allows only residents to pay $2.25 to be included on the list for three years. Residents and businesses that do not want to receive calls from electric retail providers can pay$ 2.55 to have their number put on the “electric” no call list for five years.

Exemptions include:

• Any telemarketer who is not operating business in the state of Texas does not have to abide by the rules of the state-sponsored no call lists.
• Telemarketers may contact the customers who request contact or the customers they have a business relationship with.
• All non-profit charities that use telemarketers are exempt from the state sponsored do not call list along with telemarketers who are state licensees including insurance agents and real estate agents.
• Calls that are not made by automated dialing equipment

Telemarketers are exempt from those consumers they call who have not previously told them that they do not wish to be contacted

Infractions are civil violations of the Texas Business and Commerce Code. Enforcement is by lawsuit for civil damages by injured party or state attorney general. A subsection requires telemarketers that use automatic dialing and announcing devices to obtain permits and obey certain rules of operation on pain of fine of $1,000 per day.

For more information or to register on the Texas no call list log onto http://www.texasnocall.com or call 1-888-309-0600 for registration assistance.

Source: Texas Attorney General
No Call website

VERMONT
Vermont’s no call law was signed on June 5, 2002 and took effect July 1, 2002 and bans telemarketers from calling anyone who asks not to be called again. Vermont residents are encouraged to sign up for the Direct Marketing Association’s Telephone Preference Service. Telemarketers are only permitted to solicit between the hours of 9 a.m. and 5 p.m.

Exemptions to the do not call law include:

• Prior business relationship
• Prior existing authorization
• Nonprofits

Violations are enforced by the Office of the Attorney General and are $5,000 for the first offense and $1,000 for each additional offense.

For more information on Vermont’s no call law, call the Attorney General’s Office at 802-828-3171 or log onto http://www.state.vt.us/atg/
Source: State Telephone Regulation Report

WISCONSIN
The do not call law passed in 2001 and makes it illegal for telemarketers to call people on the state do not call list. Registration is free for Wisconsin residents who must renew their number every two years. Telemarketers must pay for the list that is updated semi-annually. Telemarketers are only permitted to contact consumers between the hours of 8:00 a.m. and 9:00 p.m.

Exemptions to the do not call list include:

• Non-profit organizations
• Businesses calling their established customers

It is illegal for telemarketers to call anyone on the state list on pain of fines of $ 100 per offending call. Once the list is ready residents will be informed via the news media.

For more information on the Wisconsin no call law log onto http://www.legis.state.wi.us/lrb/pubs/pubsub/consumer.htm and click on “Telemarketing Do Not Call List “or call the legislative reference bureau at
608-266-0341

Source: Wisconsin State Statutes

WYOMING
The telemarketing law passed in 2001 and took effect July 2002 bars telemarketers from calling a person’s residential, mobile or pager number if they are included on the Telephone Preference Service list that is maintained by Direct Marketing Association. Residents must be on the list for more than sixty days before the law takes effect..

Exemptions to the do not call law include:

• Companies calling established customers or at customer's invitation
• Debt collection
• Individuals who solicit fewer than 225 persons per year
• Law also forbids telemarketers from circumventing caller ID and requires telemarketers to register and designate in-state legal agent

Enforcement of violations is via civil suit, brought by injured party, state attorney general or 3rd party affected by violation. Penalties are civil fines that can range from $500 to $5,000 or for actual damages, whichever is greater.

For more information or to sign up for Wyoming’s no-call list, consumers can log onto http://attorneygeneral.state.wy.us/nocallC.htm or www.the-dma.org or call the Wyoming Consumer Protection Unit at (800) 438-5799 or (377) 777-7874.

Source: Wyoming Attorney General website
State Telephone Regulation Report