Law limiting telemarketers now before state Senate

Law limiting telemarketers
now before state Senate

The state Assembly has passed legislation sponsored by Assembly Assistant Majority Leader Linda Greenstein (D-14) and Assemblyman Jeff Van Drew (D-1) designed to crack down on the barrage of telemarketing calls to residents’ homes.

If signed into law, New Jersey would become the 21st state to adopt such a measure.

"If a family wants to eat dinner in peace without receiving a disturbing phone call from a telemarketer, then the state should protect that privacy," said Greenstein, whose district includes Monroe, Jamesburg and South Brunswick, among other municipalities in Middlesex and Mercer counties. "People who have long suffered the aggravation of pestering telemarketers will soon have a recourse: a ‘No Telemarketing Call List.’ "

Under the bill, the state Division of Consumer Affairs (DCA) would establish a no-call state registry for residents who wish to stop receiving unsolicited sales calls. These residents could join the registry by accessing a telephone hotline number.

The bill would enable the DCA to enter into a contract with a private vendor to establish and maintain the no-call list, provided that the vendor has proper qualifications and experience.

"Telemarketing calls are nothing short of commercialized harassment," said Van Drew, who is based in Cape May County. "They are an absolute aggravation, the telecommunications equivalent of a root canal. They are annoyances that people want government to bring under control."

The bill also would require local exchange telephone companies to include in every telephone directory and in at least two phone bills per year a notice detailing the provisions of the option to enroll in the no-telemarketing list, as well as an explanation of how those provisions relate to the rights of the consumer.

Other provisions of the bill include the authorization to:

• Require telemarketers to register with the DCA and pay an annual fee.

• Compel telemarketers to display their state registration numbers in all ads, business documents and places of business.

• Require telemarketers to state their names, company and purpose within 30 seconds of a telemarketing phone call.

• Prohibit making telemarketing calls between 9 p.m. and 8 a.m. local time.

• Prohibit blocking an incoming call from a customer’s identification service.

Any telemarketing firm that violates the bill’s provisions would be subject to fines of up to $10,000 for the first offense and up to $20,000 for each subsequent offense.

If passed and signed into law, the measure would establish a nonlapsing fund known as the Consumer Protection Fund. All fees and penalties would be deposited into the fund and would be used for educational activities related to the promotion of the no-telemarketing list.

Van Drew noted that 20 states, including New York and Delaware, have statutes establishing no-call registries. In the first month after enactment, more than 180,000 New Yorkers requested to be placed on their state’s list, according to the National Conference of State Legislatures.

The bill passed by a vote of 74-3 and now heads to the Senate for its consideration.