Senate panel OKs bill for anti-telemarketing list

Tucson, Arizona Thursday, 13 February 2003
By Howard Fischer
CAPITOL MEDIA SERVICES

PHOENIX - Ignoring threats by some House Republicans to defeat the measure, the Senate Commerce Committee voted unanimously Wednesday to try to protect Arizona consumers from unwanted phone calls.

The action also came over the objections of a lobbyist for the telemarketing industry who insisted that the legislation is so broad that it would prevent people from being exposed to products that they might actually want to buy. Lori Fentem of the American Teleservice Association, also said the law could force companies to lay off workers who make these calls.

Wednesday's 9-0 vote gives some ammunition to Sen. Tim Bee, R-Tucson, who is trying to shepherd the legislation into law after prior measures failed two years in a row. Industry lobbyists have convinced some key House Republicans to deep-six the measure and wait to see what restrictions are enacted at a national level. Several senators said they questioned how fast federal officials will act.

The vote also came over the objections of a host of lobbyists representing everyone from telephone companies to auto dealers and newspapers.

Manny Lerma, lobbyist for Qwest Communications, acknowledged people don't like to be disturbed during dinner and at other times. But he said enacting legislation to curb unwanted calls is not the answer.

"Your strongest telecommunication weapon is don't answer the phone," he said. Lerma said if a call comes and his Caller ID unit reads "not available" he simply chooses not to pick up.

That, however, is dependent on consumers purchasing that service from Lerma's phone company for $5.95 a month.

The legislation, SB 1119, would allow Arizonans to register for a no-call list. Companies that sell by phone would have to buy copies of that list and could be financially penalized for calling anyone on it.

Spam restrictions

The same committee also voted unanimously to impose new restrictions on senders of unsolicited e-mail, better known as spam. Recipients would have to be told how to get off lists, names could not be sold and false return electronic addresses would be prohibited.