Oregon may again enforce Do-Not-Call, even on cells
Published 5:00 am Wednesday, May 2, 2007
- ”I haven't had any. I don't answer calls I don't have programmed into my phone.”- Nicole Stolarik, Bend
SALEM – Unwanted phone calls to Oregonians generated about 15,000 complaints in 2006.
The state was not able to do anything about them.
The Oregon Department of Justice stopped targeting solicitors who ignore Do-Not-Call registries in 2003, when the federal government created a national list and supplanted the consumer protection efforts in individual states.
But frustration at inaction by federal regulators has stoked interest in having the state resume that oversight.
Legislation that’s headed for a vote in the state Senate would allow the attorney general to again target companies that make cold calls – both to the phone at your house or office and, in a new twist, to your cell phone.
”The federal government has been basically toothless, and nobody is protecting John Q. Citizen,” said Sen. Rick Metsger, D-Welches, the chairman of the Senate Business, Transportation and Workforce Development Committee.
When the federal list supplanted Oregon’s version, it was with the promise it would continue to protect consumers who registered.
But while Oregon fined an average of 50 violators per year – with most penalties ranging from $1,000 to $5,000 – the federal government has punished a total of 20 companies nationally from 2003 to 2007.
”The idea is to reinstate what we were able to do before,” said Stephanie Soden, spokeswoman for the Oregon Attorney General’s Office.
Oregon’s no-call law remains in the statute books but is not enforceable because there is no longer a state list. Legislation was filed in 2003 and again in 2005 to allow the state to enforce violators of the federal list, but both proposals failed.
The latest effort, Senate Bill 117, also allows enforcement of calls to mobile numbers. Prior to the creation of the federal list, Oregon did not police calls to cell phones.
As before, violators would be targeted under the state’s Unlawful Trade Practices Act, which carries a potential fine of $25,000 per violation.
Citing that figure, some Republican lawmakers are balking at the proposal.
”We all admit that the lack of enforcement is a huge problem, but the attorney general is taking a very aggressive stance against Oregon businesses,” said state Sen. Larry George, R-Sherwood. ”They are asking for a ton of power and could put small businesses out of business.”
Sen. Bruce Starr, R-Aloha, said he was disappointed that the Department of Justice was unwilling to negotiate with a coalition of concerned business interests and adopt a lesser potential penalty for violators.
”Businesses are afraid of retribution from the attorney general,” he said.
Soden said the state very seldom sought the maximum fines against violators before.
In most cases, the state and companies that ignored the registry would avoid the courtroom and negotiate smaller fines in so-called Agreements of Voluntary Compliance, in which executives admitted no wrongdoing but also agreed to halt any illegal practice.
The state would not just target Oregon-based callers. Any companies could be fined if they call into Oregon to citizens who have registered on the Do-Not-Call list.
Metsger said he was not swayed by industry requests to weaken the penalties.
”Let’s face it, some people like the idea of no enforcement,” he said.
Getting unwanted calls?
* You can add your name and number to the federal Do-Not-Call Registry by going to www.donotcall.gov or by calling 888-382-1222. Land lines and mobile numbers can be put on the list.
* Be aware, however, that the federal government does not initiate many cases against violators – a trend that has spurred the state to seek clearance to take action against telemarketers who ignore the list in Oregon.
* Once your number has been on the registry for 31 days, the Federal Communications Commission says most telemarketing calls will stop. However, some types of solicitations are not covered, including calls from or on behalf of political organizations or charities, plus telephone surveys.
* In addition, you can still receive calls from companies with which you have a business relationship, such as a company from which you have made a purchase or to which you have submitted an application.