NC Closer to Tightening Its Telemarketing Law

North Carolina yesterday moved a step closer to imposing new restrictions on telemarketers.

The General Assembly in a near-unanimous vote approved An Act to Provide Consumers with Control Over Telephone Solicitation Calls to Their Homes (HB-1493).

The legislation restricts telemarketing calls to between 8 a.m. and 9 p.m. local time. It also requires telemarketers to identify themselves and the purpose of their call; maintain do-not-call lists; and prohibits the use of equipment to block their names and telephone numbers from a consumer’s caller identification equipment.

The measure now goes to the Senate where companion legislation (S-1191), endorsed by the attorney general’s office, is pending.

Both measures basically mirror existing federal telemarketing laws and rules enforced by the Federal Trade and Federal Communications Commissions.

Both federal law and rules allows for civil suits against errant telemarketers by state authorities and consumers but are silent on the penalties they could face. The North Carolina law, though, would subject violators to lawsuits by the attorney general’s office and impose civil fines of up to $500 per violation, plus legal costs. The law would also empower consumers to sue for damages of up to $500 for each unwanted telemarketing call.

Phil Telfer, special deputy attorney general for consumer protection, said those last two provisions should lead to a reduction in consumer complaints about annoying telemarketing calls.