Group asks FCC to nix provision in Wisconsin do not call law
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By JR ROSS -- Associated Press Writer
Thursday, January 20, 2005 10:50 AM CST
MADISON -- A national bankers association has asked federal regulators to overrule a section of Wisconsin's popular no-call list and replace it with less restrictive rules on telemarketing calls.
The request prompted Gov. Jim Doyle's administration and the state attorney general to begin public campaigns Wednesday urging Wisconsinites to tell the Federal Communications Commission to uphold state law.
The state contends granting the Consumer Bankers Association's request would blow a hole in the program and allow unwanted calls to the more than 1.4 million Wisconsin phone numbers registered on the list.
But the Consumer Bankers Association contends in its complaint that the differences between Wisconsin and federal law creates "multiple, conflicting regulations" that make it more difficult for its members to do business.
Marcia Sullivan, the group's vice president and director of government regulations, said association members want to better serve their customers.
"Wisconsin law makes it very difficult to reach existing customers, and we want to call them," said Sullivan, whose organization represents banks nationwide.
The FCC will take public comment on the complaint through next month before issuing a ruling. The agency has received challenges to provisions of no-call lists in four other states similar to the complaint over Wisconsin's regulations but has not ruled in any of then, FCC spokeswoman Rosemary Kimball said.
The dispute is over the state's restrictions on businesses that call existing customers who have registered for the no-call list.
For example, a bank can't call consumers on the list who have checking accounts with them to offer deals on auto loans. A company's subsidiaries also can't call consumers on the list. Federal law allows such calls in both cases.
Under state law, businesses also can call consumers only once to try to win back their business if their relationship ends. They have an 18-month window under the federal regulations.
Janet Jenkins, administrator for the state division of trade and consumer protection, said the state does not believe the FCC has the legal standing to overturn portions of Wisconsin's list. She said the state would consider legal action should the FCC strike down a portion of state law.
"The people we've talked to love the no call law and they like a strict law," Jenkins said. "It's our position given the fact our citizens have spoke through themselves and their elected officials that the federal government should leave our law alone."
Attorney General Peg Lautenschlager also said Wednesday she would file comments with the FCC urging it to uphold the law.
The no-call list, which started January 2003, requires businesses seeking to telemarket in Wisconsin to register with the state and pay a fee that covers expenses for the program. Unhappy with the restrictions, some businesses filed a suit seeking to overturn it. A Dane County judge upheld the law but lowered the penalties for violations.
State Sen. Jon Erpenbach, who authored the legislation creating Wisconsin's list, said businesses are trying to sell the federal no call list as a compromise that balances the interests of telemarketers and consumers. But he said the federal regulations aren't strict enough to weed out unwanted calls.
"The state's law is the toughest in the nation, and businesses don't like it," said Erpenbach, D-Middleton. "Businesses are saying we need consistency. What they're really saying is Wisconsin is now a closed market and they need to open it back up."
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On the Net:
No Call List: https://nocall.wisconsin.gov/web/home.asp
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