NEWS
Businesses protest Do Not Call List
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Also by Kira Sparks:
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- Representative introduces TABOR (April 18, 2005)
- House passes energy bill, drilling for oil in arctic refuge (April 25, 2005)
- Budget sparks debate (March 29, 2005)
- Doyle proposes veteran funding (March 14, 2005)
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- Officials seek to expand Do Not Call List (January 31, 2005)
- Wisconsinites flock to No Call list (September 24, 2002)
- Do Not Call list gets an extension (September 5, 2007)
- No Call list faces holiday renewal (November 29, 2006)
- Two years later, Wisconsin No Call List remains popular (October 5, 2004)
by Kira Sparks
Monday, January 24, 2005
Several businesses in Wisconsin are protesting state guidelines of the Do Not Call List, arguing federal law supports their rights to call former customers for up to 18 months.
The National Bankers Association asked the Federal Communications Commission to overrule aspects of the state Do Not Call List because they said it was unfair. The association did propose several changes in its stead. While the Do Not Call List now stipulates banks can only call former customers one time to encourage their continued business, businesses would like to call for up to 18 months.
Federal law includes the 18-month window, but Wisconsin state law does not yet have the stipulation. The association also proposes affiliates of the original business be allowed to call its customers.
The businesses would like to make it possible to solicit customers for three months after any contact with the business, according to the association.
“Calling your bank to ask about business hours is all it would take under the federal law for the bank and any of its affiliates to call you for three months,” State Sen. Jon Erpenbach, D-Middleton, said in a release, countering the association’s attacks on Wisconsin’s policy.
The Wisconsin Department of Justice, along with the Governor’s office, remains extremely concerned about these proposed changes, according to released statements.
“I have directed my office to file Responsive Comments with the FCC to fight an attempt to weaken our state no-call law and replace it with the far less protective federal version,” Attorney General Peg Lautenschlager said in a release. “Wisconsin consumers can also file comments opposing the weakening of our popular law, which prevents nuisance phone calls from telephone solicitors.”
The National Bankers Association and other businesses in Wisconsin, however, complain Wisconsin law does not allow them to better serve their customers.
The Do Not Call List appears to be an effective way of lowering complaints about telemarketers in Wisconsin. There are more than 1.4 million residents signed up for the list, and the possibility of a federal mandate overturning state statutes has many residents and lawmakers concerned.
“The FCC’s blatant sell-out to big business will ultimately stick it to you, me and small independent businesses that are not owned or affiliated by a larger entity,” Erpenbach said.
Gov. Jim Doyle’s office is urging Wisconsin residents to lodge complaints with the FCC to stop the proposed changes. The Department of Justice is also considering legal options in case the FCC does try to override Wisconsin’s no-call law.
“There are times when the federal government has the authority to supercede the state law with the federal law, but we don’t believe this is one of those times,” said Janet Jenkins, administrator for the state division of trade and consumer protection.
The FCC is looking closely at all of the responses and complaints before it makes its official ruling. They also received complaints from businesses in four other states regarding the clash between federal and state guidelines.
Anonymous (January 24, 2005 @ 11:09am):
There's a simple solution to this. Once a month, any company that wants to be excluded from the Do Not Call list must publish a full roster of its employees and their home phone numbers in a full page ad in every newspaper in the media market in which they would like to make calls. They must also print the home phone numbers of their top executives in very large print on a minimum of 10 billboards in high traffic areas in those markets.
Anonymous (January 24, 2005 @ 12:04pm):
Eh... Why is Wisconsin so anti-business? And why do businesses hate freedom?
Irked (January 24, 2005 @ 5:09pm):
I'd like the National Bankers Assoc. and other businesses to answer this. If you refuse to respect my wishes to NOT be called what makes you think I am going to give you the time of day if you find a way to weasel around the current law? Your call to me will only assure that I will NOT do business with you and I will actively let others know about your disrespect as well. Your acceptance rate for those who are on a no-call list is going to be hugely worse than from those who are not.
