New Hampshire’s Do Not Call List was slated to begin next week.
A recent federal court decision, however, has ruled the national no call registry unconstitutional.
New Hampshire Public Radio’s Dan Gorenstein has more.
State officials say, at the very least, the courts verdict will delay the state’s new law.
A federal judge in Denver wrote the National Do Not Call List violates telemarketers’ freedom of speech.
New Hampshire’s law effectively mirrors the federal one.
Considering that, Kristin Spath at the Attorney General’s Office says the state must reconsider its plans.
Track 1
1:06 ...we obviously can’t enforce using the Do Not Call List today, or I am sure it will not be ready to be inforced on Oct. 1st, which was the target date.
If the law had gone into affect, companies that ignored the list could have faced fins of up to ten thousand dollars per illegal call.
Spath says even though the state does not fall under the Denver court’s jurisdiction, she says it makes little sense to enact legislation that has been struck down.
That may come as a big disappointment to the some 275 thousand New Hampshire residents that have already put their names onto the list.
They join the 50 million Americans who have signed on to the federal registry so far.
Bill Hamilton with the New Hampshire AARP says he’s troubled by the court’s opinion.
He doesn’t understand why the telemarketing industry just doesn’t let the issue go.
3:30 ...the question I ask is why do these people want to call people that don’t want to be called?...I would think we would be doing people a favor by saying, we are elminating the people who say don’t call me...it is the telemarketers that are challenging the ruiling, and they are not concerned that so many people have voiced their interest in not receiving calls.
The American Teleservices Association did not want to comment on tape.
But the group projects that if the law is enforced starting October 1st, the telemarketers stand to lose 6 billion dollars and layoff approximately 2 million people.
The industry says it the Do Not Call List discriminates against commercial companies.
Both, federal and New Hampshire law exempt political parties, non-profits and charities.
Those exemptions, explains Republican Representative John Hunt, have prevented the state from passing legislation in the past.
2:58 in NH we had never passed this bill until this year. And the reason we never did was the argument that it didn’t make sense to have these exemptions. It’s hard to stop a telemarkerting call just asking for a vote, not asking for money. And charities was always one of those sore point issues.
The Attorney General’s Kristin Spath says in light of the court’s decision, AG’s from across the country will confer with federal officials to reevaluate their position.
Spath says one possible outcome is a higher court overturning the ruling.
Another possibility she says, is removing all exemptions.
3:20 you either need to make everybody have to comply with the Do Not Call List...you have to have everybody fall under the same requirement. That certainly is being explored.
The Federal government is in the process of preparing an appeal.
For NHPR News, I’m DG.
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