BOSTON - Senator Frederick E. Berry (D-Peabody) has announced that the state has begun to regulate the telemarketing industry by implementing a “Do Not Call” consumer sign-up list. The Telemarketing Act, passed this year by the Legislature, contains language filed by Berry. The law, effective January 1, 2003, will help consumers avoid the repeated interruption of certain telemarketing calls in their homes.
“I am very pleased that the Legislature has realized the intrusiveness of the telemarketing industry,” said Berry. “I have received many complaints from constituents about the amount of telemarketing calls they receive and the times in which they receive them. Massachusetts residents should have the option of not being disturbed at home by telemarketers.”
As of January 1, 2003, consumers are able to enroll in the first “Do Not Call” list. The list will take effect in April and be updated quarterly thereafter, bringing an end to most so-called “cold-calling” telephone solicitation for residential consumers who sign up. Consumers will be able to sign up on the Internet, by phone or through the mail. The Massachusetts “Do Not Call” program will have no fee and consumers will not be asked to provide personal information like a Social Security number.
There are some telemarketing call that are exempt from the “Do Not Call” program including:
Noncommercial polls or surveys;
Calls made by tax-exempt non-profit organizations;
Calls made to consumers with that consumer’s express permission;
Calls made to consumers in response to that consumer’s visit to that company’s fixed commercial location;
Telephone sales calls made primarily in connection with an existing contract or debt;
Telephone sales calls to an existing customer;
Telephone sales calls in the context of ongoing consumer sales when face-to-face presentations or meetings are prerequisites to payment.
The Massachusetts Office of Consumer Affairs and Business Regulation cautions consumers to beware of fraudulent schemes in which they are contacted by bogus telemarketers claiming affiliation with official “Do Not Call” programs. These groups, sometimes called “Fraud Stoppers” or the “National Association Against Fraud,” claim they can stop telemarketing calls but seek fees and private information, which they then use for identity theft.
For more information, visit www.mass.gov/donotcall or contact the Massachusetts Office of Consumer Affairs and Business Regulation, which is charged with implementing the law.