Archive for Thursday, January 15, 2009

Kansas AG questions legislature’s plan to regulate charity telemarketing

January 15, 2009

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The attorney general’s office questions the constitutionality of a bill for protecting consumers from unscrupulous telemarketers.

The measure is from Senate Majority Leader Derek Schmidt, an Independence Republican. He wants to force telemarketers soliciting money for charities to disclose over the phone how much of what they raise goes to the charities.

Assistant Attorney General Everett Lee Urban says Schmidt’s bill probably is unconstitutional. He oversees enforcement of restrictions on charitable fundraising for Attorney General Steve Six.

Urban says the U.S. Supreme Court struck down a similar law in North Carolina in 1988 on free speech grounds.

The Senate Judiciary Committee had a hearing Thursday but took no action.

Comments

spankyandcranky 6 years, 4 months ago

Aren't charities required to provide that information if asked anyways? If people care about that, they'll ask. How does making them state the info improve anything? Telemarketters are already annoying enough, even if they're working for charities.

justthefacts 6 years, 4 months ago

Good 2007 article on this topic: http://www.perlmanandperlman.com/pubs/articles/NPT%20Special%20Report.pdf It includes a discussion about the law on this topic - including the 2003 US S.Ct. decisions that upheld the rights of charities to solicity without too much in the way of regulation by government. Fraud can be punished. But freedoms in the area of non-commercial associations and speech are touchy subjects.,

Charles L Bloss Jr 6 years, 4 months ago

I hope they do something about it, They drive me nuts! Thank you, Lynn

nekansan 6 years, 4 months ago

Allow the charities to directly solicit funds, but place the for profit businesses that solicit on behalf of the charities under the same national telemarketing laws as other for profit businesses.

Godot 6 years, 4 months ago

Allow us all to opt out of the scam calls from scam charities, and there is no constitutional crisis. I have the right to have my phone number withheld from charity scam artists; they have the right to spin their bogus cause to whomever is dumb enough to not put their name on the "do not call me with your bogus charity cause" list.

Godot 6 years, 4 months ago

Same goes for political hack hucksers, and ideologically and partisan motivated pollsters.I want a "do not call me if you do not personally know me," list.

Godot 6 years, 4 months ago

BTW, for all you charity scam artists, political fundraisers, and pollsters, my answer to you when you call is, and always will be, "I do not want to talk to you. Do not call me again." Try as hard as you will to get me to elicit a "yes" to any of your questions, even an "hunh-huh" or an imagined nod in the affirmative, I will not concede. Do not call me, I will not respond.

Tom McCune 6 years, 4 months ago

When you register for "Do Not Call" you should be able to also opt out of calls from charities and political causes if you want to. (Political robocalls are the worst.) But since that is not possible, here are some things I do:Caller: "Is Mr. Post available?"Me: "Hang on. I'll get him." (Then just set the phone down and walk away. Waste their time so they can bug fewer other people.)Caller: "Is Mr. Post available?"Me: "Yes,".... and draw them into the longest conversation possible asking tangential questions and, again, wasting their time without giving them any money. "What about this? What about that?" Just tie up their time until you make them hang up.Caller: "Is Mr. Post available?"Me: "There's no one here by that name."Caller: "Is this 555-1234?"Me: Yes, but there's no one here by that name."etc. etc.Never provide your phone number on forms. Give them the number for Dial-A-Prayer or something. You don't owe then the truth, or politeness, or anything.

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