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Oklahoma Attorney General Targets Autodialer Vendor

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From http://www.oag.state.ok.us

Copy of the Petition is here. (Sorry for the quality - better copy coming soon)

Copy of the motion for injunction will be posted as soon as possible.

[NOTE: CTI is the new incarnation of PMC Computer Marketing. -ED]


News Release


W.A. Drew Edmondson, Attorney General

Edmondson Seeks to Stop Company's Use, Sale of Auto-Dial Machines

10/15/2002


In his continuing effort to stop unwanted telemarketing calls, Attorney General Drew Edmondson filed a petition in Oklahoma County District Court today accusing CTI Business Management Systems of using illegal and deceptive methods to solicit Oklahoma business.

According to Edmondson, the Houston-based company is responsible for illegally using auto-dial machines to solicit Oklahoma businesses and selling the machines to businesses in Oklahoma without advising them of the law that requires calls to be initiated by a live operator.

"The commercial telephone solicitations placed by CTI through its automatic-dial announcing device are not initiated by a live operator who gives the caller the option to disconnect prior to the playing of a prerecorded message," Edmondson said. "This is a clear violation of the law."

Under Oklahoma law, it is illegal for telemarketers to solicit business using an auto-dial machine without a live operator unless a previous business relationship exists with the consumer. The state alleges CTI uses the auto-dial machines to solicit business and sells the machines to their customers without advising them of the law.

Edmondson claims CTI refuses consumers' attempts to return the machines for a refund, and instead, advises consumers of ways to circumvent the law.

"CTI failed to advise consumers of the law, even in instances when a consumer made CTI aware of their intentions to use the device without a live operator," Edmondson said.

The petition also cites CTI for operating in Oklahoma as an unregistered telemarketer. Unless exempt under the law, all telemarketers are required to register with the attorney general's office before doing business in Oklahoma.

"This is a blatant attempt to take advantage of Oklahoma businesses," Edmondson said. "CTI is not playing by the rules, and when their customers learn of the rules, CTI tells them ways to get around them."

Edmondson is asking the court to issue a permanent injunction to stop CTI from operating in Oklahoma until they register with the attorney general's office. The injunction would also require CTI to stop using the auto-dial machines and to pay restitution to consumers affected by their business practices.




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© 2003-2008 Robert H. Braver. All rights reserved. The author is not an attorney, and nothing on this web site should be construed as legal advice. All information on this web site is the opinion of Robert Braver or other authors as noted.