Attorney General's News Release

May 28, 2004

Telemarketing business that violated state law to pay $75,000 to Missouri under order obtained by Nixon

St. Louis, Mo. — A Florida-based telemarketer that made fund-raising calls to Missourians who asked not to be called will pay $75,000 under a consent order obtained Thursday (May 27) by Attorney General Jay Nixon.

The Attorney General sued Xentel Inc., a Delaware corporation based in Ft. Lauderdale and Alberta, Canada, in August 2003 for violating Missouri consumer protection laws by using manipulative, high-pressure techniques to solicit donations, and by denying or interfering with consumer requests to be placed on Xentel's own do-not-call list. Nixon says the business also violated state law by making repeat solicitation calls to Missourians who asked not to be called.

"We will aggressively go after telemarketers who make repeat calls after being told to stop," Nixon says. "Court orders requiring them to pay $75,000 send a strong message that says we mean business when it comes to protecting the privacy of Missourians."

In addition to the $75,000 Xentel will pay, the court order approved by Circuit Judge David Dowd requires the business to implement and maintain procedures, including employee training, to ensure future compliance with Missouri consumer protection and telemarketing laws. Xentel also must provide the Attorney General's Office with a list of all Missouri consumers who have asked not to be called.

Nixon says his office earlier this month obtained court-approved agreements with two Missouri businesses after they violated the state No Call law. Both Thomas Construction Inc., of Earth City, and First Union Corp., of Kansas City, paid $10,000 to the state and agreed to obtain copies of the No Call database and implement procedures to ensure future compliance.

Since the Missouri No Call law took effect in July 2001, $1,183,000 has been paid or ordered to be paid. More than 1.6 million residential telephone numbers are on the Missouri No Call list. Residents whose phone numbers are not yet on the No Call list can register online or by calling toll-free 1-866-NOCALL1 (1-866-662-2551). Those already on the list who want to file complaints against telemarketers who violate the No Call law should file a complaint or call the same toll-free number.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818