12-02DoNotCallList

Consumer Protection: "Do Not Call" Lists
The federal government recently announced that a federal "Do Not Call" list will be established in 2003, that will enable consumers to limit telemarketing calls that originate out of state. Details should be forthcoming early in 2003. Some states have instituted their own programs to regulate telemarketers calling from within the state. Massachusetts' program is out-lined below.

Recently enacted legislation (Chapter 265 of the Acts of 2002) created a "Do Not Call" registry within the Massa-chusetts Office of Consumer Affairs and Business Regulation.

Starting January 1, 2003, Massachusetts residents can visit the website www.mass.gov/donotcall or call 866-231-CALL (866-231-2255) to sign-up. Those who sign up between January 1 and March 1 will be included in the first listing. Starting in April 2003, consumers who have signed-up should expect to receive fewer calls.

A new list will be published every quarter, adding the names of additional consumers who've signed up.

The Commonwealth's website assures consumers that the information they provide to the registry is protected from general disclosure and inspection or for use for any other purpose.

Under the new law, consumers will have the following protections:

Soliciting telephone calls cannot be made to any Massachusetts con-sumers (even those who are not on the registry) between the hours of 8 p.m. and 8 a.m.;
Soliciting facsimile transmissions cannot be made at any time;
Telephone solicitations using recorded message devices cannot be made at any time;
Telemarketers cannot use blocking devices to stop an individual's caller-identification device;
Telemarketers must disclose, within the first minute of the sales call, identifying information, including the sales purpose of the call, the name of the telemarketer and the name of the ultimate seller.

Telemarketers must disclose the following before any payment discussions:
1. The total cost of the goods/services offered;
2. Any limits on the purchase;
3. The refund and return policy;
4. and the material terms of any investment opportunity being offered, including the price, location and the non-guaranteed nature of the investment.

Under the law, calls from nonprofit and political organizations are still allowed, as well as calls from businesses that have a prior relationship with the residents and solicitors who do not intend to complete a sale over the phone.

If companies fail to register or otherwise do not abide by the law, they will face penalties of $5,500 per violation.

Consumers are warned to be alert to the possibility of fraud. In some states, when the Do Not Call programs were being set up, consumers received calls asking for fees or private information from scam artists. No one from the state will be calling to enroll consumers.

12/2002