Van Hollen Obtains Judgment Against Madison-Based Kirby Distributor -- ACT Distributing, Inc. -- For Violating the Wisconsin Do-Not-Call Law

MADISON — Attorney General J.B. Van Hollen has announced that the Wisconsin Department of Justice has settled an enforcement action against ACT Distributing, Inc., a Madison-based distributor of Kirby products. The state filed suit against ACT in June 2010, alleging that ACT had failed to register as a telemarketer under Wisconsin law, and had made thousands of telephone solicitation calls to Wisconsin residents who are registered on the state's do-not-call list, in violation of state law. The case was referred to the Department of Justice by the Department of Agriculture, Trade and Consumer Protection.

The settlement provides that ACT must pay the state a total of $21,000 in forfeitures and costs. It also prohibits ACT from further violations of the do-not-call and registration laws, and requires ACT to demonstrate it is complying with the law by providing the state its phone records for the next two years. If ACT fails to comply with the terms of the judgment, the amount ACT must pay the state increases to $50,000.

According to Attorney General J.B. Van Hollen, “Complying with the do-not-call law is not difficult, and most businesses have no problem doing so. We will continue to vigorously enforce the law against those who ignore it.”

The settlement was approved by Dane County Circuit Court Judge Richard Niess. The case was prosecuted by Assistant Attorney General John Greene, with investigative assistance provided by the Wisconsin Department of Agriculture, Trade and Consumer Protection.

A copy of the Consent Judgment and Stipulation are available at: