Senator Introduces Bill to Expand State Do Not Call List

Colorado would become one of the first states in the nation to add nonprofits, political organizations and politicians to its “no-call” law under a bill proposed by two lawmakers.

Under the bill introduced this week by Sen. Dan Grossman, D-Denver, charity and political organizations, nonprofits and politicians also would not be able to telemarket to consumers on the no-call list.

It also would make businesses and other organizations obtain written consent from customers or contributors on the no-call list before being allowed to make sales calls to them.

Grossman wants to bring Colorado’s program more in line with a ruling last year on a lawsuit filed by telemarketers against the federal do-not-call list.

Federal Judge Edward Nottingham in Denver ruled that the program is unconstitutional because it favors certain kinds of speech over others. Basically, telemarketers’ free-speech rights are violated unless the no-call lists apply to all types of organizations, Nottingham said.

Congress rushed to ensure the no-call list was enacted, but the case is in the 10th U.S. Circuit Court of Appeals.

Colorado also was sued by the same group of telemarketers, and the case is pending.

“In a nutshell, we’re trying to inoculate the Colorado program from the successful attack waged on the federal program,” Grossman said. (Chris Walsh, Rocky Mountain News, 1/14)