February 10, 2004
The Honorable Thomas M. Middleton, Chairman
Senate Finance Committee
3 East Miller Senate Building
Annapolis
,
MD
21401
Re: SB 88 –
Maryland
Telephone Consumer Protection Act
Dear Chairman Middleton and Members of the Senate Finance Committee:
The Maryland Consumer Rights Coalition is a non-profit education and
advocacy organization that promotes equity and fairness in the consumer
marketplace. We support the
enactment of Senate Bill 88, the Maryland Telephone Consumer Protection Act.
SB88 provides for state and private enforcement of the hugely popular
federal “Do Not Call” list. It
does not change the parameters of who is covered by the “Do Not Call” list
– those exempted under the federal list would not be subject to state or
private enforcement. For example,
charities, politicians, and those with pre-existing business relationships
would be treated exactly the same under this law as they are under the federal
law.
It is important to allow the state to enforce the
provision of the “Do Not Call” list as the Federal Trade Commission is
unlikely to have the resources to enforce local violations of the list. The
bill also allows a private right of enforcement, which is significant for
consumers who will be able to bring private actions for violations of the law.
The threat of state enforcement as well as private actions will act as a
deterrent to those who may be tempted to ignore the federal law.
This legislation does not change existing federal law regarding
telemarketing – it simply allows
the state and consumers to enforce the law.
Over 1,173,317
Maryland
residents have signed up for the “Do Not Call” list, as of September 2003.
These consumers want the “Do Not Call” list to be effective and
enforceable, and SB88 will ensure that outcome. For
these reasons, the Maryland Consumer Rights Coalition urges you to give SB88 a
favorable report.
Sincerely,
Cheryl
L. Hystad
Executive
Director
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