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.
