K.S.: First, we make some inquiries, to see if the consumers are providing information that represents a trend and, if so, what exactly the practices are that led to the complaint. We might ask the company to explain the complaint, whether or not they have the DNC registry, and what procedures they require their telemarketers to engage in. We ask if they have an internal do-not-call list.
RC: If you decide to take action, how would you proceed?
K.S.: First a warning is issued. Then a citation. There may be a live hearing. If the activity continues, the next step is a notice of apparent liability, where the commission sets out the facts that underlie the unlawful activity and proposes the monetary penalty or forfeiture. The actual forfeiture amount is $11,000 per violation, and the total depends on how many violations there are. The party usually has 30 days to respond, telling us why the forfeiture amount should be reduced or rescinded.
RC: If a company sought to contest, how would it do that?
K.S.: Usually the party, through an attorney, will file a written response to the proposed forfeiture, telling us how and why the facts differ or why we’ve misinterpreted the law that applies in the case. Alternatively, they can pay the forfeiture if they don’t want to fight it. That’s rare.
