Text: HF02426 Text: HF02428 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 22.3B RELEASE OF INFORMATION FOR
1 2 PURPOSES OF DIRECT SOLICITATION.
1 3 1. The lawful custodian of a public record shall maintain
1 4 a record of direct solicitors who request identifying
1 5 information about persons for purposes of direct solicitation
1 6 as defined in section 714C.1. The direct solicitor record
1 7 shall include the name, address, and telephone number of the
1 8 direct solicitor and the name, address, and telephone number
1 9 of each person to whom a demand for removal may be made as
1 10 provided in section 714C.2 in order to ensure that the
1 11 identifying information is not used for purposes of direct
1 12 solicitation.
1 13 2. A lawful custodian shall not release identifying
1 14 information to a direct solicitor who has previously provided
1 15 inaccurate or incomplete information to the custodian, unless
1 16 the direct solicitor provides all information required to
1 17 comply with this section.
1 18 Sec. 2. NEW SECTION. 714C.1 DEFINITIONS.
1 19 As used in this chapter, unless the context otherwise
1 20 requires:
1 21 1. "Direct solicitation" means to present a commercial
1 22 message, including a message offering the sale of property,
1 23 products, or services, to a person by contacting a person, if
1 24 all of the following apply:
1 25 a. The contact is made by an individual or by computer.
1 26 b. The contact is received personally, or by telephone,
1 27 personal computer, courier, or the United States postal
1 28 service.
1 29 2. "Direct solicitation list" means a list containing
1 30 identifying information regarding a person, if the list is
1 31 used for purposes of contacting the person for direct
1 32 solicitation.
1 33 3. "Direct solicitor" means a person who engages in direct
1 34 solicitation or distributes direct solicitation lists to other
1 35 persons.
2 1 4. "Identifying information" means information about a
2 2 person that may be used for purposes of contacting the person
2 3 by direct solicitation, including the person's name, home or
2 4 business address, home or business telephone number, or
2 5 personal computer address.
2 6 Sec. 3. NEW SECTION. 714C.2 REMOVAL OF IDENTIFYING
2 7 INFORMATION FROM SOLICITATION LISTS.
2 8 1. A person may make a demand for removal to a direct
2 9 solicitor. The demand shall require that identifying
2 10 information about the person be removed from any direct
2 11 solicitation list maintained by the direct solicitor.
2 12 2. The person must make the demand for removal by
2 13 providing written notice to the direct solicitor. The demand
2 14 may require that the direct solicitor provide the name,
2 15 address, and telephone number of each person to whom the
2 16 direct solicitor distributed a direct solicitation list
2 17 containing identifying information about the person. However,
2 18 the person and the direct solicitor may agree to waive the
2 19 written notice requirement if the parties agree that demand
2 20 for removal shall be accomplished by a procedure established
2 21 by the direct solicitor. The direct solicitor is not required
2 22 to provide the name, address, and telephone number of a person
2 23 to whom the direct solicitor distributed a direct solicitation
2 24 list, if the direct solicitor has established procedures for
2 25 removing the name of the person from direct solicitation lists
2 26 which have been distributed by the direct solicitor.
2 27 3. The direct solicitor shall comply with a demand for
2 28 removal not later than ten days after receiving the demand. A
2 29 person shall not be charged a fee by the direct solicitor for
2 30 complying with this section.
2 31 Sec. 4. NEW SECTION. 714C.3 PENALTIES.
2 32 A direct solicitor who violates this chapter shall be
2 33 subject to a civil penalty of not more than five hundred
2 34 dollars. The action may be brought by the attorney general, a
2 35 county attorney, or the person receiving the direct
3 1 solicitation in violation of this section. An action brought
3 2 by the attorney general may be brought in the county where the
3 3 direct solicitor does business or in Polk county. The civil
3 4 penalties shall be deposited in the general fund of the state.
3 5 The court may deduct from the civil penalties an amount equal
3 6 to the court costs and reasonable attorney fees incurred in
3 7 prosecuting the case for award to the prevailing party
3 8 bringing the action.
3 9 EXPLANATION
3 10 This bill regulates direct solicitation by persons who
3 11 offer to sell property, products, or services personally, by
3 12 telephone, by personal computer, by courier, or by mail.
3 13 The bill creates a new Code chapter providing that a person
3 14 may make a demand for removal to a direct solicitor. The
3 15 demand requires that identifying information about the person
3 16 be removed from any direct solicitation list maintained by the
3 17 direct solicitor. The bill provides procedures for making the
3 18 demand and removal of the identifying information. A direct
3 19 solicitor who violates these provisions is subject to a civil
3 20 penalty of not more than $500.
3 21 The bill amends provisions in Code chapter 22 to require
3 22 that the custodian of a public record must maintain a record
3 23 of direct solicitors who request identifying information about
3 24 persons for purposes of direct solicitation. The bill
3 25 provides that the record of direct solicitors must include the
3 26 name, address, and telephone number of the direct solicitor
3 27 and the name, address, and telephone number of each person to
3 28 whom a demand for removal may be made in order to ensure that
3 29 the identifying information is not used for purposes of direct
3 30 solicitation.
3 31 LSB 3729YH 77
3 32 da/sc/14
Text: HF02426 Text: HF02428 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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