Delaware Telemarketing Bill Down, But Not Out

The MDDC Press Association opposes the bill and has testified against it, citing, among other things, the fact that newspapers generally rely on telemarketing for 60 percent of their new subscribers and that their telemarketing efforts are local in nature.

The bill was removed from consideration after Marshall’s own amendment to expand the bill’s coverage to include many other businesses, including banks, was defeated 11 to 9. The state’s current telemarketing law exempts banks, insurance companies and several other businesses.

"When the amendment was made public, there was a tidal wave of lobbyists lining up against it," Marshall said. "But without that amendment, it’s a pretty weak bill."

The "tidal wave" was in marked contrast to the two April hearings on the legislation at which newspapers and the New Castle County Chamber of Commerce were the only opponents. The bill then seemed to have general support, and the sponsor indicated to MDDC lobbyist Mike Cochran that he would consider an amendment exempting newspapers from the bill.

After discovering later, however, that many businesses would not be covered by his initial bill, Marshall offered his own amendment and said he could not support a newspaper exemption at the same time he was seeking to include other businesses.

Under Marshall’s proposal, people would sign up with the attorney general’s office to be placed on the do-not-call list. The list would be updated quarterly and would be issued to every telemarketer registered to do business in the state.

Some Senate opponents at the May 3 session said they did not think the state could enforce the law. Some senators said they were concerned because the bill carried a $140,000 annual price tag.

If the bill does pass the Senate in some form, it may face tougher going in the Republican-dominated House, according to MDDC’s Cochran.

—Based in part on a report in The News Journal