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REALTORSŪ Applaud Court Ruling On "NO CALL" Rules
Statement from William Malkasian, President
Wisconsin REALTORSŪ Association
June 29, 2004
Madison - We applaud today's court ruling, which
eliminates the threat of baseless lawsuits against businesses
trying in good faith to comply with Wisconsin's "No Call" law.
As a result of the ruling, state regulation regarding
telemarketing is both fairer and stronger. It also represents a
substantial victory of small business over unchecked government
without hurting consumers.
We argued in this lawsuit that the administrative rules, written
by a few non-elected regulators, substantially exceeded the
statutes written by elected legislators. On three major points,
the court agreed with us. In so doing, the court significantly
reduced the threat of frivolous lawsuits, restored appropriate
penalties and limited the registration fees companies are
required to pay the state. In no uncertain terms, the court
reminded us the legislature makes the laws in this state - not
state agencies.
We expect the Department of Agriculture, Trade and Consumer
Protection to appeal this decision because it restrains their
authority not only on these rules, but on other rules as well.
On behalf of taxpayers, we hope the agency does not appeal and
instead heeds the court's ruling. It is time to go back to the
drawing board and rewrite the rules to reflect the intent of the
legislature. On behalf of homeowners and small businesses across
the state, the Wisconsin REALTORSŪ Association is ready, as it
always has been, to assist the agency in writing new rules that
make sense.
For further comments, contact Mike Wittenwyler (608-284-2616) or
Josh Johanningmeier (608-284-2637) at LaFollette Godfrey and
Kahn SC.
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