The state's Do Not Call law prohibits telemarketers from calling residents who register to have their names and numbers eliminated from telemarketing lists. It went into effect November 1, 2002.
In addition to accusing the companies of calling Do Not Call registrants, Fisher's lawsuit accuses Kristel of falsely telling consumers that the company it represents is exempt from the law for a variety of bogus reasons, falsely referring to itself as "Award Center," calling consumers without identifying itself or the company it's working for, and falsely claiming an affiliation with Disney Resorts, Hilton Resorts, Hyatt Resorts and Marriott Resorts.
While denying the allegations, Kristel submitted a consent agreement to Commonwealth Court for approval. Under the agreement it must cease all telemarketing activities that are in violation of law and pay $33,500 in civil penalties and $1,000 for investigation costs.
Also without admitting wrongdoing, Vacation Charters filed an "assurance of voluntary compliance" agreement that prohibits it from giving the sole responsibility for complying with the law to its telemarketing companies. It is fined $2,500 to pay for investigation costs.
Each of the 67 consumers who complained to the state about the Kristel/Vacation Charters' calls and participated in the attorney general's investigation will receive a $50 check. Under the law, consumers who file complaints against violators that are prosecuted are entitled to 10% of total civil penalties up to $100.
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