OKLAHOMA is on the way to becoming the first state to prohibit telemarketers from making “dead calls” to consumers.
The state’s House of Representatives passed a bill last month banning such calls.
The legislation would amend both the state’s telemarketing and consumer protection laws.
Under the law, telemarketers would not be permitted to use “equipment, systems or procedures that automatically dial and engage the telephone number of more than one person at a time but allow only one line at a time to be connected to the telemarketer,” according to the text of the bill.
The American Teleservices Association (ATA) objects to the measure.
“We think this is a wrong-headed approach,” said Matt Mattingley, director of government affairs for the ATA. “I’ve never seen anything more than anecdotal evidence that this is anything more than an occasional problem.”
In response, the ATA has proposed easing the Telephone Consumer Protection Act to allow pre-recorded messages to fill the void of a dead call by announcing that a telemarketer has phoned and would try again later.
Violators face civil penalties of between $2,000 and $10,000 per incident and could be hit with criminal charges. A criminal conviction could result in a prison term of up to 10 years and a fine as high as $5,000 for each violation.
Dead calls occur when a telemarketer uses equipment that dials and engages more than one telephone number at a time. The first person to answer is connected to the seller, but the remaining prospects hear nothing when they pick up. The technique has been highly criticized for frightening the elderly and people living alone.
At press time the bill, authored by Rep. Fred Perry (R-Tulsa), was headed to the Senate.
Kentucky Likely Will Limit Telemarketing Calls
Kentucky Gov. Paul Patton was expected to sign legislation at press time that will impose new limits on telemarketers.
The state’s Senate approved a bill in February that limits calls by charitable and nonprofit organizations, political groups and telecommunications companies. The law does not curb calls to businesses.
The Senate bill strengthens the original House-approved measure.
Stiffer Penalties
Besides the call limits, the Senate version raises the penalty for violators to $5,000. The House measure subjected errant telemarketers to misdemeanor penalties and fines of up to $500.
The final version of the Senate bill also authorizes Kentucky residents to be placed on a “zero-call list.” A list of people who do not want to receive cold or unsolicited telemarketing calls will be maintained by the state attorney general’s office.
Calls to people with an existing business relationship or where contacts have been previously authorized would be permissible.
Attorney General Ben Chandler, who supports the legislation, said through spokeswoman Barbara Hadley Smith that his office is prepared to begin enforcing the law as soon as it becomes effective, about 60 days after the governor signs it.
— Paul M. Alberta
Network
