The legislature is now considering several measures to protect citizens from unwanted telephone solicitations. The plans include a state ?do not call list??..and restricting telemarketing to certain times of day...While supporters say telemarketing should be curbed by any means necessary?.opponents say New Hampshire lacks the legal jurisdiction to restrict interstate commerce..
Rest assured that Portsmouth Representative Laura C. Pantelakos isn?t fond of fielding calls from telemarketers.
"People should not have to run to the phone because someone is too lazy to get into the world and do their job, instead of bugging people up until 9:00 at night. People have their right to privacy."
Pantelakos is sponsor of a plan to bar telemarketing outside of business hours?? Representative Jane Langley of Rye?..says that would be just fine with voters in her district?..Langley says telemarketing is second to only one in terms of raising constituent ire.
"Next to the broad-based property tax and money that we have to sent o the state of New Hampshire?..This is the issue I hear more than anything else: ?can?t you do anything about this telecommunication. We hate the phone calls."
Lawmakers say they?ve been hearing about ?hating the phone calls? for some time now. Belmont Republican John Thomas, vice chair of the house science energy and technology committee, says his committee has debated proposed telemarketing curbs for several sessions.
"We?ve dealt with everything from scam?. slam,?. Spam?. bacon and eggs?.We?ve handled this four or 5 times in different forms in our committee for the last eight years."
Handled it, says Thomas, and concluded telemarketing should not be regulated in excess of existing federal standards?.Which among other things, require telemarketers to identify themselves as such, and to maintain ?no call? logs of persons who wish no further calls?Commerce committee Chairman John Hunt admits these provisions may not be enough to please everybody, but says the legislature would overextending itself by bounds by beefing up regulations? not only in regard to legal authority??but also in terms of enforcement.
"When it comes down to trying to enforce any of these regulations the only people who are going to comply are the law abiding citizens. The illegal operations ? the boiler rooms ? you are never going to stop and nothing will disappoint people more than that your passing a law that?s not being enforced."
But according to Michael Holmes of the state consumer advocate?s officee that argument is a canard.
"Obviously, I have little patience with this issue because I?m just fed up with hearing this garbage for years about how they just can?t do anything about it."
Holmes says lawmakers do indeed have the capacity to pass laws that complement federal standards. An opinion shared by Kristen Spaeth of the New Hampshire attorney general?s office.
"I think there is room for both state and federal law on all of these issues?.And yes there might be room federal preemption but not in every case."
Other clearly share Spaeth?s convictions??In all, some 25 states currently have do not call statutes. ??Spaeth says they?ve have been popular with consumers and made it easier for authorities to crack-down on those who telemarket illegally. And allows neither of those benefits have escaped the attention of federal authorities??..The Federall communication commission and the federal trade commission are both now reviewing US telemarketing policies?. and the US senate will this session consider a bill to would establish a federal no call list. Again Assistant Attorney General Kristen Spaeth.
"Telemarketing and don?t call list issues are high on their priorities, so its been given lots of attention?.So I think if it?s regulated federally that they?ll give the states plenty of authority to enforce that rule."
Meanwhile?. the state senate proposal for a New Hampshire no call list remains in committee?As does the house bill to restrict telemarketing hours?If the future of both bills remain in doubt, house commerce chairman Hunt advises frustrated citizens some basic advice.
" Don?t answer your phone if you don?t want the phone solicitations. It?s amazing how those telemarketers don?t leave messages?.And if it?s E mail ? delete."
