Attorney General Salazar Announces Settlements In Two No-Call Lawsuits

Denver--Attorney General Ken Salazar today announced that his office has reached settlements in lawsuits filed by the State against two Florida companies for violations of the Colorado No-Call Law. OneSetPrice, Inc., marketed business opportunities, including the sale of prepaid phone cards, to Colorado consumers. Key Financial Corporation, doing business as "Key Bank”, advertised mortgage loans to homeowners throughout Colorado. The lawsuits were filed in Denver District Court.

"Businesses that solicit Colorado residents in violation of our No-Call Law will be held accountable for their actions," said Salazar.

The State sued OneSetPrice, Inc., based on 41 consumer complaints of recorded messages left on home answering machines. The pre-recorded message advertised a January 2003 sales seminar scheduled in Denver. The automated calls were placed to telephone numbers on the Colorado No-Call list. The company had previously been issued a Cease and Desist Notice for similar violations.

OneSetPrice, Inc., entered into a Stipulated Final Judgment which was approved by Denver District Court Judge Lawrence A. Manzanares on December 4th. The Judgment provides a permanent injunction against future violations and payment to the State of Colorado of $25,000.

The State’s lawsuit against Key Financial Corporation alleged that it placed ten telephone solicitation calls last summer to Colorado consumers whose telephone numbers were on the Colorado No-Call List. The lawsuit followed the issuance of a Cease and Desist Notice and Key Financial Corporation’s agreement to enter an Assurance of Discontinuation for previous violations.

A Stipulated Final Judgment with Key Financial Corporation was approved by Denver District Court Judge J. Stephen Phillips on November 26th. The Judgment provides a Permanent Injunction and payment to the State of Colorado of $5,000.

The Attorney General’s Office is responsible for enforcement of the Colorado No-Call Law when a pattern of violations occurs. Since the No-Call Law became effective July 1, 2002, the Attorney General has:

• Issued 236 No-Call Cease and Desist Notices to commercial telemarketers.
• Obtained ten Assurances of Discontinuation with penalties totaling $49,000. The Assurances resolve, without litigation, allegations of continuing violations of the No-Call Law after the companies have agreed to comply with the law.
• Filed three lawsuits against telemarketers for violations of the No-Call Law. Two have been settled with fines and costs totaling $30,000. The third lawsuit, against a California mortgage company, Home Equity Solutions, Inc., is scheduled for trial in July 2004.

Consumers may enroll their home phone, wireless or fax numbers on the No-Call List by calling toll free 1-888-249-9097 or on-line at www.coloradonocall.com. Consumers may file complaints about possible violations of the No-Call Law by either calling toll free 1-888-600-5688 or by going on-line at www.coloradonocall.com. Businesses are reminded to update their calling lists every quarter to avoid violations.