NO-CALL LISTS SEE LEGISLATIVE/REGULATORY ACTION IN 4 STATES

Mich. legislature adjourned for year without giving final passage to block of 5 telemarketing bills that would have established state no-call list, mandated certain telemarketing disclosures, established telemarketing code of conduct and expanded telemarketing penalties. Bills didn’t die, however; they will be carried over to 2002 session. Both chambers passed 2 of bills in package, but since 5 measures were “tie-barred” together, all bills in package must get final passage before any of them can be sent to Gov. John Engler (R), and he must sign all of them before any can take effect. Passed bills include HB-4042, authorizing PSC to establish state no-call telemarketing list, and HB-4632 to make telemarketing rule violations unfair trade practice liable for civil penalties under state Consumer Protection Act. Bills that passed House but still were in Senate Technology & Energy Committee as legislature adjourned for year included HB-4154 to require telemarketers to identify themselves and their purpose and to prohibit telemarketers from using caller ID blocking; HB-4250 to establish code of conduct for telemarketers and make code violations criminal misdemeanor; and HB-4631 to require that all local phone books include information on how consumers could get their numbers on state and national no-call lists.

All 5 bills probably would have been passed before adjournment but Senate technology panel lost crucial day of business Dec. 12 when its chmn., state Sen. Mat Dunaskiss, (R-Lake Orion), who also is Senate majority leader, suffered seizure and collapsed during committee meeting. He was taken to nearby hospital where he was in stable condition and resting.

New bill in Minn. House (HF-2606) would establish state- run no-call list that would authorize Minn. Dept of Commerce to establish, maintain and enforce no-call list via fines and other penalties. State attorney gen. also could bring legal action against telemarketers for no-call violations. Bill is similar to no-call legislation that passed in Wis. earlier this year. Measure is in House Commerce and Economic Development Committee and will carry over to 2002 session.

Colo. PUC refused to reconsider Oct. decision to allow more than 200,000 names on privately run no-call telemarketing list to be transferred to new state list. AT&T, Qwest and WorldCom had sought removal from state list of names from no-call list that was started several years ago by Denver’s Big Horn Center for Public Policy. PUC (Case 01R-385T) said concerns raised by 3 carriers were irrelevant because 3rd party manager for state list would be required to call or e-mail names on Big Horn list to verify their intent to be on state’s no-call list.

Tex. PUC is scheduled to vote Dec. 19 on rules to implement state no-call telemarketing list passed by legislature this year, to take effect Jan. 1. Among other things, proposed rules would require all local phone books to prominently display information about list, along with toll- free number and Internet address for consumers to request forms for placing their phone numbers on list.

In Ind., con artists have figured out telemarketing scam that takes advantage of state’s new no-call list. Ind. Attorney Gen. Steve Carter warned consumers that crooked telemarketers had been calling consumers to solicit sign-ups to list, which takes effect in Jan. Scam artists lead people to believe state requires their checking or credit card account numbers in order to be placed on list. Carter said state didn’t go out and recruit consumers to sign up for list and didn’t require any financial information. He said list sign-up was free and completely voluntary.