Wisconsin’s Do Not Call List Threatened By FCC

By State Senator Jon Erpenbach

Wisconsin’s popular and effective anti-telemarketing Do Not Call program created with passage of 2001 Wisconsin Act 16.  The program gives residential phone customers the ability to strictly limit the number of telemarketing calls they receive.  The program has given millions of residents and consumers needed relief from the incessant telemarketing calls.  Unfortunately, the Federal Communication Commission (FCC) is considering action to weaken Wisconsin’s No Call program. The Bush administration and the FCC are supporting a petition filed by the Consumer Bankers Association, a banking industry group, to invalidate parts of the Wisconsin No Call law and, instead, allow the federal law to preempt Wisconsin law. The federal program however is very weak and full of loopholes making it much less effective than Wisconsin’s No Call program.

State Senator Jon Erpenbach joined Governor Jim Doyle at a press conference Wednesday to discuss Wisconsin’s popular Do Not Call program.  Alongside Senator Erpenbach are Department of Ag, Trade and Consumer Protection Secretary Rod Nilsestuen and State Senator Judy Robson.

Under the federal law, consumers may be telemarketed by any business with which they have a relationship, as well as any of their affiliates.  So if buy a product from a company, any of its affiliates will be able to call you to telemarket any of their products.  Also, the federal law allows residents to be telemarketed for up to eighteen months after terminating a business relationship such as changing your cell phone provider.  Wisconsin law only allows for one call to former customers.

Even worse, under the Federal program, consumers could be telemarketed for three months after making an inquiry of the business.  So, simply calling your bank to inquire about their business hours will allow them to telemarket you for three months, all day, every day if they want.

If we want to keep our phones from ringing, all of us need to contact the FCC and tell them to butt out and leave our law alone.   The FCC is only accepting public comments on the issue until February 2nd and I encourage you to help keep Wisconsin’s law strong by contacting the FCC and doing one of the following:

• To send a brief comment, go to the FCC’s comment form at: www.datcp.state.wi.us
• Or send a letter to us and they will deliver it for you:
  
  
  • No Call List
    Dept. of Agriculture, Trade and Consumer Protection
    PO Box 8911
    Madison, WI 53708.

I also encourage you to contact your Federal legislators and tell them that you support keeping Wisconsin’s No Call law strong.  You can call Senator Russ Feingold at (608) 828-1200; Senator Herb Kohl at (800) 247-5645; and Representative Tammy Baldwin at: (608) 258-9800.  

If you would like help from me on this or any state matter, please call my office at: 1-888-549-0027 or 1-608-266-6670.  You can also contact me via email at:  Sen.Erpenbach@legis.state.wi.us