Minnesota Legislative Panel Backs Telemarketing DNC Bill

Minnesota has inched closer to joining nearly 30 other states in the development and maintenance of a telemarketing do-not-call list.

With do-not-call list programs operating in 26 states and being considered by at least three others, the Commerce Committee of the Minnesota House of Representatives approved legislation last Thursday authorizing the Commerce Department to develop and maintain the list, according to its chairman, Republican Rep. Steve Smith.

The measure, HB2710, has to clear three other committees before it can be voted upon by the full House. Approval of the measure would send it to the State Senate for consideration.

While there would be no charge for Minnesotans to place their names on the list, telemarketers would be required by the legislation to spend $15 twice a year for copies of the file.

Telemarketers calling anyone on the list would be subject to fines of up to $2,000 per incident and could be sued for unspecified damages by anyone on the list who receives “more than one telephone solicitation within any 12 month period by or on behalf of the same person or entity,” according to the legislation.

The bill allows telemarketers with existing business relationships, charities, fundraisers for nonprofit organization and political parties would be allowed to call people whose names are on the do-not-call list.

The legislation also authorizes Commerce Commissioner Jim Bernstein and his successors to add the names of Minnesotans on the state’s list to any national do-not-call file developed by the Federal Trade Commission.

Last month, the FTC began soliciting industry and public comment on the idea of its creation of a national telemarketing do-not-call list that would be financed by a surcharge on the telemarketing industry.