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Sen. Jon Erpenbach: Fines for no-call violations should be raised
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Since its creation in 2001, the Wisconsin "Do Not Call" law which I authored has remained one of the most popular state programs offered. At no cost, Wisconsin consumers can sign up their home number and their families' cell phone numbers (after a change from last year). 1.6 million Wisconsin citizens take advantage of the program - a number that has held steady since the program was created.

Originally the bill has penalties of $1,000 per violation and a private cause of action for individuals who could prove in court they were harmed by a telemarketer when that telemarketer broke the law. In the course of compromise on the bill which was needed for it to pass, the fines were lowered. Unfortunately, for some telemarketers those fines have become a cost of business. Violations of the "no call" list are the top consumer complaint in Wisconsin and have been since the program began. There simply is no excuse to break the law. For a low fee, telemarketers receive an electronic copy of the numbers listed on Wisconsin's "Do Not Call" list - they simply electronically cross reference their numbers so they do not call people in violation of the law.

Higher penalties will help ensure that telemarketers will follow the law. Breaking the law should not just be a cost of doing business in Wisconsin. Higher penalties also will make it easier for the Wisconsin Department of Agriculture, Trade, and Consumer Protections to go after a telemarketing company that has broken the law. Having the resources to go after a stiff fine will make prosecution easier and more worthwhile for taxpayers who pay for the prosecution and benefit from the recovery.

Wisconsin Do Not Call Basics

Who can sign up for the list? Everyone in Wisconsin with a home phone number or a cell phone number.

When do I need to sign up? Consumers can sign up anytime online at https://nocall.wisconsin.gov/web/home.asp or call 1-866-966-2255. You must sign up every two years to remain on the list. A good practice is to write a reminder on your wall calendar for the end of December every year - that way you will never lapse from the list.

What is the current violation? $100 per illegal call - the proposal is $1,000 per violation and an optional cause of action if the consumer can prove harm.

What is the bill number? If you want to support the penalty increase, call your legislator and ask them to support Sen. Erpenbach's Senate Bill 218 Legislative Hotline 1-800-362-9472

This is a great program run by the state that works for the people of Wisconsin who overwhelmingly support the plan. We should do what we can to make it work better. For more information on Wisconsin's "Do Not Call" law, call or e-mail me at 888-549-0027 or sen.erpenbach@legis.wisconsin.gov.

- Sen. Jon Erpenbach, D-Waunakee, serves the 27th State Senate District.