Update on Recent Telemarketing and Do Not Call Violations

Posted: September 25, 2013

kansas2Kansas DNC Enforcement Action
In addition to the Federal Trade Commission and Federal Communications Commission, companies must remain aware of the other entities that actively monitor telemarketing activity and enforce against violations of consumer rights and privacy laws – the state attorneys general. Kansas is one state that actively and strictly enforces against Do Not Call (DNC) violations. As an indication of this, a recent enforcement action was imposed in which the attorney general (AG) from Kansas fined two out-of-state companies for calling Kansas residents who were registered on the National Do Not Call Registry.

One of the companies involved in this enforcement specialized in marketing and communications and was ordered to pay $952,000 for committing at least 93 DNC violations in an attempt to sell vacation packages. The other company involved in this enforcement was a telemarketing company that was calling Kansans to sell test-preparation software; the company was fined $10,000. Both companies placed calls to numbers registered on the National Do Not Call Registry without an exemption.

This enforcement action provides another example of the importance of compliance with the DNC laws at both the federal AND state level. You should ensure your company has the appropriate processes in place to suppress against the National Do Not Call Registry, the 13 state DNC lists (when applicable to your company’s calling territory), and the company’s internal DNC list. Such efforts are an essential element for obtaining and maintaining Safe Harbor and will significantly reduce the risk of potential complaints for DNC violations that may result in enforcement actions.

Juliana Betancur

Author: Juliana Betancur

Juliana Betancur is a Consultant Support Administrator at CompliancePoint. She assists the consulting team with the tracking of new enforcements and regulations. Juliana also assists with a variety of specialty tasks including international compliance projects.

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