Sandoval watches fed action before enforcing do-not-call

Friday, Oct. 3, 2003 | 11:04 a.m.

CARSON CITY -- Attorney General Brian Sandoval is waiting to see the outcome of lawsuits challenging the federal Do Not Call law before he decides whether to enforce the newly passed state law.

Sandoval also said that if the federal law withstands the legal challenges, he wants to see if it is effective in stopping telemarketing calls to more than 400,000 Nevadans who signed up on the federal register.

Under Nevada law Sandoval has until April next year to decide whether to put into effect the state law or rely on the federal act.

Tom Sargent, Sandoval's spokesman, said the attorney general is "watching closely" the suits to invalidate the federal law. And before he acts, he wants to see how "well it (the federal law) works," said Sergeant. The state law is patterned after the federal act. Sargent said nobody has challenged the validity of Nevada's law so far. But he noted that anybody could file suit.

Even though it is a state law, Sargent said it would prohibit out-of-state marketers from calling Nevadans to solicit business.

Nevada law is more strict than federal law in some sections. He said the cutoff time for calling consumers is 8 p.m. compared with the federal restriction of 9 p.m. The federal law allows affiliated companies to call residents, but Nevada law restricts such calls.

The laws permit companies that had prior relationships with a customer to continue to call. But Nevada law does not allow affiliated companies of that firm to commence telemarketing efforts.

The law is actually being praised by some telemarketers, Sargent said. He said it allows them to focus their efforts on those people who have not signed up on the "Do Not Call" list, rather than phoning everybody.