Residential consumers are now protected at both the state and federal levels from telemarketers who call numbers registered on the national Do Not Call List.
The passage of Senate Bill 28 has given the Ohio Attorney General additional enforcement capabilities to protect residential consumers. The penalties that may be levied against telemarketers are the same as the significant fines contained in the federal law.
Ohioans may also file complaints against telemarketers in a small claims court. Small claims courts do not require an attorney and can award up to $500 or actual damages, whichever is greater, to consumers who have been called in violation of the national list.
Charities asking for donations along with political candidates are still permitted to call registered numbers. Companies that have recently done business with consumers also are permitted to call those individuals.
Under an agreement with the FTC, the Ohio Attorney General's office has access to the national database to be able to check for complaints on a regular basis. Due to this agreement, Ohioans with numbers registered on the national Do-Not-Call list can continue to file any complaints with the FTC and be assured that the information will be shared with Ohio authorities.
To add their numbers to the national Do-Not-Call list or to file a complaint, consumers can visit www.donotcall.gov or call 1-888-382-1222 toll free.
Consumers are warned that by filling out sweepstakes entries and other forms they may be giving permission for businesses to call them even if their telephone number is included on the list. In addition, consumers should recognize that obtaining estimates, filling out applications and asking for more information about products or services allows businesses to call them for three months unless they request to be added to those specific companies' internal Do-Not-Call list. Federal require most companies to keep their own lists.
(The above information taken, in part, from the Ohio Consumers' Counsel March/April 2004 newsletter.) |