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Lieutenant Governor Mary Donohue joined local officials last week at the Wantagh Senior Center to announce settlements with 13 companies that will pay a total of $217,500 in connection with allegations that they violated the state's "Do Not Call" Telemarketing Law.

Lt. Governor Mary Donohue was joined by local officials, which included Senator Charles J. Fuschillo Jr., Hempstead Town Supervisor Rich Guardino, Assemblyman Marc Herbst, Councilmembers Angie Cullen and Gary Hudes; Consumer Protection Board Chair May Chao and members of the Wantagh Senior Center last week when she announced that 13 companies agreed to settle for allegedly violating the state's "Do Not Call" Telemarketing Law.

The law, the biggest telemarketing control program in the country, was authored by Eighth District Senator Charles J. Fuschillo Jr. and signed into law by Governor Pataki last spring. It prohibits business telemarketers from calling residents who signed onto the registry, available to all residents in New York State. With few exceptions, telemarketers are not permitted to contact residents who have signed up, allowing them to enjoy their time at home with their families rather than having their dinners and quality time interrupted by telemarketing calls.

"I'd like to acknowledge what a great job our governor has been doing for Long Island," Hempstead Town Supervisor Rich Guardino said. "I'm delighted that he, working closely with our lieutenant governor, has brought so many benefits here. They've reduced our taxes, reduced our utility bills, and they're working constantly to enhance the quality of life for all our residents, whether it's the preservation of open space or preserving the peace and tranquility in our homes through the 'Do Not Call' Registry."

Guardino noted that 15,000 residents within the Town of Hempstead alone have signed up for the registry, with nearly two million residents signed up in all of New York State.

"I sponsored the legislation that created the 'Do Not Call' Registry, and it was created for one purpose: to protect you," Fuschillo said. "The nearly two million families who have signed onto the registry have restored privacy in their homes and increased their protection from potential telemarketer fraud. The registry is one of the toughest consumer protection laws in the nation and these settlements prove that Gov. Pataki and New York State have the fullest intentions to enforce it and protect the rights of consumers who do not want telemarketers selling goods and services from calling their homes."

"New Yorkers deserve peace and quiet in their homes without the constant interruption of telemarketing sales calls," Donohue said. "We have made it clear to telemarketers that we will not permit them to violate this law and harass our citizens.

"We know that telemarketers have the right to do their business in New York State," she added. "The bottom line is that our responsibility is to the individuals in New York State, to give you your choice. We didn't tell you to sign up for this registry, people wanted this registry, therefore it was our responsibility as your elected officials to act on your behalf. We have balanced it, we feel that we're not stifling businesses, we're just making sure that their solicitation is welcome in your home."

"When it comes to protecting the privacy of New Yorkers, no state law has been more important nor more effective," said May Chao, chairperson and executive director of the Consumer Protection Board. "It is arguably the best consumer protection measure enacted in New York State in more than 20 years; it is certainly the most popular."

Chao noted that this law shows companies that New York State is serious about protecting its consumers, and that with these settlements, she's confident that more companies will see that the law is serious. She added that some of the companies who settled their allegations are not even from New York State, strongly showing the severity of the law to the whole nation. She added that the governor is looking to increase the fines businesses would have to pay if they violate the law from the current maximum of $2,000 per violation to a maximum of $5,000.

The 13 companies which settled after allegedly violating the law include Integrated Credit Solutions, Discover Card, RMH Teleservices Inc., Qwest Communications, Metris Inc., North American Telephone, SmartEnergy, TeleUno International, Fairfield Resorts, Senior Advisory Council, New York Daily News, Marriott Ownership Resorts Inc. and Publisher's Circulation Fulfillment. The companies agreed to pay fines varying from $4,500 to $41,000, bringing the total of all 13 to $217,500. According to Donohue, all 13 companies denied that any violations of the law occurred, but agrees to settle to avoid costly legal proceedings.

Assemblyman Marc Herbst noted that residents are the most important people in ensuring that the law remains effective, asking them to act as "citizen detectives." Herbst noted that at those rare times that he, although he is registered on the list, receives calls from telemarketers, he tells them that they are breaking the law.

"I tell them, 'excuse me, do you realize that you're in violation of the New York State Registry "Do Not Call" list?' They hang up in a hurry. That's what we should do. We need the citizen detectives and that's what we're asking you to do. When you get those calls, you have to let us know if you indeed registered, that people are violating your [privacy]. [The Consumer Protection Board] will respond. As you see today, they're going after these people, they're letting them know that this is wrong and they're being penalized."

Herbst noted that residents can report violating companies to the Consumer Protection Board at 1-800-697-1220.

Inclusion on the "Do Not Call" Telemarketing Registry is available free of charge. Residents may register by calling 1-866-622-5569 or visit www.consumer.state.ny.us. Residents may also write to the "Do Not Call" Telemarketing Registry at PO Box 2078, Albany, NY 12220-0078.


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