Ratepayer Advocate Urges Consumers To Take 
Advantage of New Law to Help New Jersey Residents Fend
Off Unsolicited Telemarketing Phone Calls

Newark, NJ - Governor James E. McGreevey today signed legislation setting strict standards for phone solicitations from telemarketers.   Ratepayer Advocate Seema M. Singh hailed as a victory for all New Jersey ratepayers today’s enactment of legislation that establishes significant provisions for banning unsolicited telemarketing phone calls to New Jersey residents. 

“Once again Governor McGreevey, along with State Legislators, takes the lead in safeguarding and protecting our rights, this time from intrusive sales calls and phone pitches,” said New Jersey Ratepayer Advocate Seema M. Singh.  “The state now has a strong ‘Do-Not-Call’ telemarketing law.”

Ratepayer Advocate Singh praised Assemblywoman Linda Greenstein for her leadership in working to provide a “Do-Not-Call” list in New Jersey.  "Assemblywoman Greenstein is to be commended for her tireless efforts and commitment to ensuring that New Jersey residents are protected from invasive telemarketing calls," Ms. Singh continued.  "This new law is a significant achievement and one that will surely make a difference in the quality of life for New Jersey's residents."

 “Our senior citizens, neighbors and families no longer have to be afraid of their phone and now have a choice about whether they want to receive telemarketing calls.  We urge everyone throughout the state  who wants fewer telemarketing phone calls to sign up for the State “Do-Not-Call” registry.

“It’s free and an opportunity to find relief from unwanted calls.  The free Do-Not-Call sign up provides does not require consumers to bear the burden of purchasing equipment and other services to avoid unwanted telemarketing calls,” Ratepayer Advocate Singh continued.

Under the new law, the New Jersey Division of Consumer Affairs is responsible for creating and maintaining the telemarketing Do-Not-Call list.  Most telemarketing sales calls will be prohibited forty-five days after a residential number appears on the registry.  The Do-Not-Call list will be available to telemarketers for a fee and will be updated on a quarterly basis.  Any violations of this law will be enforceable under the New Jersey Consumer Fraud Act, with a penalty of not more than $10,000 for the first offense and not more than $20,000 for the second and subsequent offenses.

The new law also requires those who make telemarketing phone calls to register with the Division of Consumer Affairs. The law also bans unsolicited telemarketing calls between the hours of 9:00 PM and 8:00 AM.  Additionally, the law bans telemarketing to cell phones, except for calls by the mobile service company if the cell phone customer desires such calls.  Also, there are no charges associated with these calls to cell phones.

The Ratepayer Advocate recently filed comments with the Federal Communications Commission (‘FCC”) regarding the creation and forthcoming implementation of a national Do-Not-Call registry that anyone can sign up for in July 2003.  The Ratepayer Advocate’s comments included:

§         The national Do-Not-Call registry should not preempt state Do-Not-Call registry laws; instead, state and federal authorities should be able to share registry information and determine how best to prosecute any alleged infractions;

§         Consumers should be able to register once by contacting either the FCC, the FTC or the state’s Do-Not-Call registry (the registries would share databases), and file a complaint with any of those agencies; and,

§         There should be consumer education that their registration on the national Do-Not-Call registry is free, and that Congress has appropriated funds for the implementation of the national Do-Not-Call registry.

Beginning in July, consumers will be able to put their telephone numbers on the national registry, which telemarketers subsequently will be required to access. When registration opens in July, consumers can register for free in two ways: online or by telephone. This June the FTC will announce the Web site for online registration and the toll-free number.

“We fully support Federal and state sharing of data and jurisdiction as it would provide consumers with the greatest breadth of protection from unwanted telemarketing phone calls.  The new state law, along with other national efforts, can help New Jersey consumers fend off annoying and unsolicited telemarketers, ” concluded Ratepayer Advocate Singh.

The new law, specifically designed to protect consumers from the annoyance of unsolicited telemarketing calls, is similar to the efforts in thirty other states.  More than 15 million people nationwide have signed up for the lists.

The Division of the Ratepayer Advocate represents the interests of utility consumers and serves as an active participant in every case when New Jersey utilities seek changes in their rates or services. The Ratepayer Advocate also gives consumers a voice in setting long-range energy, water, and telecommunications policy that will affect the delivery of utility services well into the future.  The Ratepayer Advocate Web site is http://www.rpa.state.nj.us

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