If you recall last week’s Robocall from that one guy asking that we all pray for Annette Bosworth, I had noted that the unsolicited call could run afoul of South Dakota’s Do Not Call List, based on the PUC’s complaint material.
However, as you can see in the response I received, they’re now claiming that it isn’t so:
Good Morning, Mr. Powers.
Thank you for contacting our office regarding the unwanted phone call you received from Peter Waldron, representing a group in Sioux Falls encouraging those they contact to pray for Annette Bosworth. While receiving the call on your home phone may be frustrating and an unwanted interruption, the call itself is not a violation of the Do Not Call rules. Because the person calling was not attempting to sell you a product or service, the call itself does not fall under the protection of the law. The definition of a Telephone Solicitation Call is as follows:
SDCL 49-31-1. (30) “Telephone solicitation call,” any call made to a South Dakota consumer by a telephone solicitor, originating from South Dakota or elsewhere, for the purpose of soliciting a sale of any consumer goods or services to the person called, for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for such purposes;
I appreciate you contacting the commission and making us aware of your concerns.
Deb Gregg, Consumer Affairs Manager
South Dakota Public Utilities Commission
And in looking, while the definition of an Unsolicited telephone call under 49-31-1.5 doesn’t require a sale be offered, they are correct in that 49-31-1 (30) does.
You’ve got to love South Dakota’s contradictory laws!
Although when the PUC claims that the Pro-Bosworth Robocalls were legal because they weren’t selling anything, I still might disagree.
Because if you listen to them, it sure sounded like they were selling a steaming pile of BS!