Nixon continues fight against holes in no-call law

ST. LOUIS -- More than 2 million Missouri residents live in homes on the state's no-call list, but their phones still ring with calls from certain telemarketers due to legislative loopholes, the attorney general said Monday.

Missouri Attorney General Jay Nixon wants to see that change. He testified before the House Interim Committee on Merchandising Practices in St. Louis about modifications he supports to reduce no-call exemptions.

Those exemptions allow some companies to phone people and solicit business even after residents have made it clear those calls aren't welcome by registering to be on the state's no-call list.

He said 91 percent of 3,905 complaints about exempt no-call businesses since the law went into effect in July have been made against telephone, finance and insurance companies.

Lobbyist problem

"My interaction with the public on this issue provides a clear picture. They don't want to be bothered," he said. "These are well-informed citizens, more than 2 million of them, who see this as a classic confrontation between lobbyists and legislators," he said.

Several lobbyists have argued previously that the businesses they represent are already over-regulated and need to call potential customers to stay afloat.

Under existing law, the no-call exemptions include companies that have had "business contact" with a resident in the past 180 days; businesses required by federal law to maintain their own no-call list; anyone working from a referral or from home; or an occupationally licensed person trying to set up an appointment.

Richard Telthorst, president of the Missouri Telecommunications Industry Association, said in a phone interview he doesn't believe the current legislation has loopholes. He said certain businesses, such as phone companies, are exempt because they're already covered under federal law. If a caller doesn't want future calls from phone companies, they can tell that company so, he said.

Nixon said companies which fall under the federal law should not be exempt from Missouri's list. "If federal regulations on this were effective, we wouldn't have had 2 million people sign up for no call," he said.

Nixon also said he thinks the loopholes allowing referrals need to be eliminated. He said some businesses will just use that as a way to go around the list. Certainly, he said, doctors' offices and service providers are still able to legally contact their own clients under the law, an issue which has confused some.

Nixon's office oversees the no-call list, which is updated quarterly and sold to telemarketing companies for $25.

He told the committee his office has received 13,051 complaints since July of telemarketers violating the no-call list. He said 3,905 of those were from businesses or groups that were exempt. He said 2,135 were complaints against phone companies, 1,413 were against finance and insurance businesses and 357 fell into other categories.

$450,000 in fines

He said $450,000 in fines have been handed out since enforcement of the law began in July. Four additional telemarketers were fined $5,000 each yesterday: Satellite Network of Springfield, and Aardvark Air Duct Cleaning and Chimney Service, EBN Financial and Midwest Hyla of Kansas City.

Missourians who want to sign up for the list can do so on the attorney general's Web site or by calling 1-866-NO-CALL-1. Those who register are mailed a packet of information.