August 1, 2008
St. Louis, Mo. - An out of state telemarketer that continued to engage in manipulative, high-pressure fundraising tactics when calling Missourians who had asked not to be called will pay the state of Missouri $100,000 and implement policies and procedures to ensure future compliance with the law under a settlement with Attorney General Jay Nixon. Nixon's assurance of voluntary compliance with Associated Community Services of Southfield, Mich. was filed today in St. Louis City Circuit Court.
Nixon obtained a temporary restraining order against Associated Community Services on June 19, prohibiting the defendant from continuing to contact Missouri consumers who had requested that they not be called. The Attorney General's Office received consumer complaints about the defendants, who had been making unsolicited telephone calls to Missouri consumers requesting donations on behalf of certain third party entities since at least February 2006. Some of the organizations that the defendant solicited donations for included the Cancer Fund of America, National Children's Leukemia Foundation, and various charities for veterans and firefighters.
According to the Attorney General, Associated Community Services engaged in manipulative, high pressure sales techniques through the use of repeated, harassing phone calls to consumers who had previously requested to be placed on the defendants' do not call list. Some consumers complained that the callers were belligerent and rude, using obscenities and intimidation, and would sometimes call in excess of two times a day.
Today's settlement requires the defendant to establish measures to ensure compliance with the law, including maintaining a do-not-call list of consumers who do not wish to be contacted and refraining from calling anyone on the list and instituting a training program in customer relations and compliance with state law for all employees engaged in telephone solicitation. Associated Community Services must also pay the state $100,000, and could be required to pay a civil penalty of up to $2,000 for any future violation of the settlement or up to $5,000 for any future violation of Missouri consumer protection laws.
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