Kansas AG fines two companies for No-Call Act violations

By Bryan Cohen | Jan 16, 2013

TOPEKA, Kansas (Legal Newsline) - Kansas Attorney General Derek Schmidt announced $10,000 fines Tuesday against two out-of-state companies that violated the state's No-Call Act.

The Omaha, Neb.-based Prairie Life Fitness and the Illinois-based Vandell Communication agreed to consent judgments for violations of the No-Call Act. The companies both called Kansas consumers listed on the national do-not-call registry.

"Many Kansans have chosen to ask for privacy when it comes to telephone solicitors," Schmidt said. "We take seriously violations of the No-Call Act and we intend to enforce the law against those who ignore it."

Under the terms of a consent judgment, Prairie Life Fitness will pay the state $10,000 in penalties and fees for the violations. After receiving a complaint from a resident of Overland Park in early 2012, Schmidt's office determined that the company solicited Kansans by telephone to market their Kansas-based fitness facilities. Some of the Kansans called were on the national do-not-call registry.

As part of a separate consent judgment, Vandell Communication and Tony Mitchell, the company's owner, agreed to pay the state $10,000 in fees and penalties for violating the No-Call Act. The company allegedly called Kansas consumers on the national do-not-call registry on behalf of a Nevada company selling travel-related services. The callers invited Kansas consumers to presentations put on by the Nevada company at local hotels that referenced non-existent entry forms and extravagant prizes. The callers often referenced the business by the names Prize Card Services and Premium Gifting.

Schmidt's office is responsible for enforcing the Kansas No-Call Act, which prohibits most businesses from calling consumers registered on the do-not-call list to sell services or products. Organizations soliciting charitable donations, calls concerning political issues or candidates and other calls unrelated to the sales of services or property do not fall within the No-Call Act's scope.

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