03-11-2005 Previous edition: 03-10-2005

























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Residents try to save Do Not Call list

By William Hughes
Staff Writer

The most powerful telephone privacy law in the nation is under attack.

The Consumer Bankers Association has submitted a petition to the FCC asking that exemptions be placed in the Indiana Telephone Privacy Law to allow companies to contact individuals they have previously done business with. Provisions to protect consumers from such calls are what set Indiana’s law apart from the National Do Not Call Registry, said Staci Schneider, press secretary for Indiana Attorney General Steve Carter.

The Telephone Privacy Law, developed and enforced by Carter, is designed to reduce harassment from telemarketers by making it illegal for organizations, with some exceptions, to call Indiana residents registered on the list.

"If we’re going to pass a law, we want it to have an impact," said Schneider, adding that the Indiana list, established in 2001 and containing more than 1.6 million registered phone numbers, allows fewer exemptions to the types of organizations legally able to call registered citizens than any other list in the country; that includes the federal list established in 2003 by the FCC and FTC. The largest difference between the state and federal lists, said Schneider, is the varying stance on established business relationships.

The CBA petition claims that the restrictions placed on its members by the Indiana law make it difficult for banks to maintain contact with customers they have previously done business with. The Association is asking that these restrictions be removed, allowing banks and other businesses to call any consumers they have had business with over the last 18 months, an exemption already present in the National Do Not Call Registry.

"It’s an opportunity for banks to call their customers," said Natalie Guzman, a spokeswoman for Fifth Third Bank, a member of the CBA. Guzman said that bankers are only interested in changing one specific, single provision of the law and that the banks maintain a general support for the list, which has been very popular with Indiana residents.

A statement released by Nancy Norris, media relations manager for CBA member Bank One, adds that altering the Indiana law to follow the standards of the federal law makes it easier for companies like Bank One that operate across state lines to comply with Do Not Call standards. Both Norris and Guzman emphasized that, even if the changes urged by the CBA petition were passed, consumers would still be able to place themselves on internal no-call lists maintained by individual banks by contacting the bank in question.

Schneider, however, said that by forcing Indiana residents to contact each company individually to be placed on such internal lists, the CBA petition will be returning the telemarketing situation in Indiana to the status quo that existed before the establishment of the Telephone Privacy Law.

Not all Indiana banks oppose the Do Not Call list. Bill Connors, president and CEO of the Purdue Employees Federal Credit Union, said, "I think it’s a good law. We’ve abided by it since it was first put in place."

Connors also said that, as a consumer, he appreciated the benefits of having a no-call list. PEFCU is not associated with the Consumer Bankers Association.

Attorney General Carter’s office has launched a "Save Do Not Call" campaign to increase public awareness about the issues surrounding the Telephone Privacy Law. Its Web site can be found at www.savedonotcall.com

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Residents try to save Do Not Call list

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