Showing the type of resilience that made Rasputin famous, New York's telemarketing industry just won't die.

Rasputin-the Russian mystic from the early 20th century-had tougher obstacles to overcome. He was poisoned, shot at point blank range, and bludgeoned whereas companies that insist on making unsolicited sales calls to your home must only abide by a tepid New York State law that took effect five months ago. If you submit your name and phone number to the state's Consumer Protection Board (CPB), the bill's advocates contended, your phone would remain strangely silent on weekday evenings.

Those who signed up for the 'Do Not Call' registry, as I did earlier this year, probably didn't analyze closely the list of exemptions, most notably two that lead me to believe that the whole law is fatally flawed. Telemarketers may legally call you, for instance, if they are trying to arrange a face-to-face meeting at which a sales transaction might take place. Moreover, if a company had a previous business relationship with your family, they may continue to call without fear of penalty. The others that can call you without incurring fines of up to $2,000 per call include charitable organizations, religious institutions, and political groups.

Caller ID is not yet a reality in my household so I still make the mistake of picking up the phone on weekday nights, believing it might actually be someone I know.

This summer, I heard from a medical company that was offering free spine exams, just to make sure things were in working order. "We're doing them on Tuesday, Wednesday, and Thursday morning of next week, what would be a good day for you?" went the pitch. I declined the offer, and the caller moved quickly in search of someone needing their firm's services.

One life insurance company had an effective way to get around the spirit and letter of the law. "We know you're probably busy right now. Could you give me your office phone number and we'll have a consultant call you tomorrow morning?" Again, I declined to give that information out, but complimented the caller's tactic.

Most news accounts estimate that 1.8 million New Yorkers are now signed up for the 'Do Not Call' registry, an extraordinary number of households.

Yet these well-intentioned consumers, this writer included, have made a mistake. New York State is equipped to do many things, but protecting you from a determined set of phone banks is not one of them.