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SENATE VOTES TO LIMIT TELEMARKETING

Gannett News Service, Nov. 7, 1991

(By Norm Brewer)

WASHINGTON-Legislation to limit unsolicited telemarketing-particularly the use of autodialing-passed the Senate Thursday without opposition.

The measure is needed to protect the privacy of consumers from solicitors who call more than 18 million Americans each day, said Sen. Larry Pressler, R- S.D., who wrote the initial bill restricting telemarketing.

"Consumers are fed up with the nuisance of unwanted telemarketing calls to their homes day and night," he said in a statement. "Junk mail can be thrown away. Television commercials can be turned off, but the telephone demands to be answered."

Pressler said the measure would not end telemarketing, which has skyrocketed in sales to more than $435 million last year.

But the Federal Communications Commission would have to consider options for banning telemarketers from calling residential consumers who do not want to be called. Options include a list of those consumers or putting them on exchanges that would be off-limits to telemarketers.

Use of automatic dialing machines would be restricted. The autodialer caller would have to be identified-including address and telephone number. If the consumer hung up, the autodialing machine would have to quickly hang up, too.

Now, some machines do not hang up until the recorded message has ended. That has created problems at hospitals and on emergency lines because it keeps the consumer's line tied up. The bill would allow hospitals, police and fire departments, and owners of paging and cellular equipment to block calls from autodialing machines.

So-called "junk" advertising using fax machines also would be prohibited.

More than 40 states-including South Dakota-already restrict telephone solicitations. However, telemarketers can operate nationally from states where laws are lax.

Pressler said the measure would "assist states in their attempts to regulate intrastate telemarketing abuse."

The House could consider a similar bill next week.

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