Tuesday, January 15, 2013

Kansas AG fines two companies for violating Kansas No-Call Act

Two out-of-state companies have each been fined $10,000 for violating the Kansas No-Call Act, Kansas Attorney General Derek Schmidt announced today.

“Many Kansans have chosen to ask for privacy when it comes to telephone solicitors,” Schmidt said. “We take seriously violations of the No-Call Act and we intend to enforce the law against those who ignore it."

Prairie Life Fitness, LLC, of Omaha, Neb., agreed to a consent judgment ordering the company to pay the state $10,000 in penalties and fees for violations of the No-Call Act.

The Attorney General’s Consumer Protection Division began investigating the company after receiving a complaint from an Overland Park resident in early 2012.

The investigation revealed that the company had solicited Kansans by telephone, marketing their Kansas-based fitness facilities. Some of the Kansas consumers who were called were on the National Do-Not-Call list.

Vandell Communication, LLC, of Illinois, and Tony Mitchell also agreed to a consent judgment ordering the company to pay the state $10,000 in penalties and fees for violations of the No-Call Act.

The Attorney General’s Office alleged that the company called Kansas consumers listed on the national do-not-call registry on behalf of a Nevada company selling travel-related services.

The callers lured Kansas consumers to presentations put on by the Nevada company at local hotels by referencing non-existent contest entry forms and expensive prizes. Callers often identified themselves as calling from “Premium Gifting” or “Prize Card Services.”

The Kansas Attorney General's office is responsible for enforcing the Kansas No-Call Act. This act prohibits most businesses from calling consumers registered on the do-not-call list to sell a product or service.

Organizations soliciting charitable donations, calls concerning political candidates or issues, or other calls unrelated to the sale of property or services do not fall within the scope of the Kansas No-Call Act.

If you wish to register for the national Do-Not-Call list, you can call 1-888-382-1222 or visit www.donotcall.gov.