September 25, 2007 - 10:09am
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Assemblywoman Greenstein: Federal Action Needed to Close Loophole In National 'Do Not Call' List

GREENSTEIN: FEDERAL ACTION NEEDED TO CLOSE LOOPHOLE IN NATIONAL 'DO NOT CALL' LIST

Sponsor of Nation's Toughest Anti-Telemarketing Law Says Five-Year Sunset On Registrations Must be Eliminated

(MONROE TOWNSHIP) - Assemblywoman Linda Greenstein, sponsor of the state's 2003 "Do Not Call" law, today called for passage of federal legislation that would prevent registrations on the landmark anti-telemarketing list from expiring in five years.

Under current federal regulations, registrants on the "Do Not Call" list will begin expiring next year.  Greenstein said many New Jersey residents may be unaware of the sunset provision and could suddenly be barraged once again by annoying phone calls from telemarketers.

"Residents need to be aware that as early as next year the Do Not Call list expires and they will start receiving unwanted calls all hours of the day and night from telemarketers," said Greenstein (D-Mercer/Middlesex).

The FTC built the five-year expiration date into the federal "Do Not Call" program as a means to account for people moving or switching phone numbers.

But Greenstein said the rule puts an unfair burden on consumers to reapply every five years to be spared from annoying telemarketers.  She says a federal law is needed to rescind the FTC regulation to the benefit of New Jersey consumers.

The New Jersey "Do Not Call" program was melded into the federal system.  The national registry now boasts more than 149 million phone numbers.

"It's ridiculous that working families and seniors have to be burdened with re-registering their phone number every five years to reject calls from telemarketers," said Greenstein.  "The onus should be on telemarketers to stop calling registrants instead of on consumers to apply and then reapply."

A Pennsylvania Congressman, Rep. Mike Doyle, has introduced bipartisan legislation to fix the federal registration sunset provision.  Greenstein said consumer protection advocates everywhere should push for passage of the Doyle bill.

"It's time that a federal law was enacted to protect residents permanently," said Greenstein.  "People should not have to deal with registering their phone numbers again to prevent the same unwanted calls."

Greenstein urges residents to re-register their home and cell phone numbers or file complaints at http://www.donotcall.gov or by calling 1-888-382-1222.

The Do Not Call registry prohibits telemarketers from calling phone numbers on the list. Companies face fines of up to $11,000 for each violation.

Organizations engaged in charitable, political or survey work are exempt. Companies that have an established business relationship with a customer also may call for up to 18 months after the last purchase, payment or delivery.

Since the registry began, the government has filed cases against more than 30 companies, resulting in $8.8 million in civil penalties and $8.6 million in redress to consumers and forfeitures.  In addition, telemarketers are required to pay an annual subscription fee to access the FTC list so those numbers can be blocked from their dial- out programs. The companies also must update their own calling lists every 31 days to ensure there are no numbers from the registry on them.

The annual subscription fee for the list costs $62 for each area code, with a maximum cost of $17,050 for access to all U.S. numbers on the list.

The FTC reported this year that 6,824 companies and other entities paid $21.7 million in fees to access the database in fiscal year 2006. All told, 15,218 entities have paid $59 million in fees to access the database since the program's inception.

Most of the fees charged by the government are used to support the Do Not Call program.
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TEEL can be reached via email at ateel@njleg.org.