Text: H08557 Text: H08559 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2530 as follows:
1 2 #1. Page 30, by inserting after line 4 the
1 3 following:
1 4 "y. A commitment to comply with the telemarketing
1 5 requirements established in section 476C.1 with
1 6 respect to the marketing of competitive electric
1 7 services to persons in this state."
1 8 #2. Page 174, by inserting after line 18, the
1 9 following:
1 10 "Sec. . NEW SECTION. 476C.1 TELEPHONE
1 11 SOLICITATION RESTRICTIONS.
1 12 1. As used in this section, unless the context
1 13 otherwise requires:
1 14 a. "Board" means the utilities board created in
1 15 section 474.1.
1 16 b. "Consumer" means an actual or prospective
1 17 purchaser, lessee, or recipient of a consumer good or
1 18 service.
1 19 c. "Consumer good or service" means any real
1 20 property or any tangible or intangible personal
1 21 property which is normally used for personal, family,
1 22 or household purposes, including, without limitation,
1 23 any such property intended to be attached to or
1 24 installed in any real property without regard to
1 25 whether it is so attached or installed, as well as
1 26 cemetery lots and timeshare estates, and any service
1 27 related to such property.
1 28 d. "Division" means the utilities division of the
1 29 department of commerce.
1 30 e. "Doing business in this state" means a business
1 31 which conducts telephone solicitations from a location
1 32 in this state or from other states or nations to
1 33 consumers located in this state.
1 34 f. "Merchant" means a person who, directly or
1 35 indirectly, offers or makes available to a consumer
1 36 any consumer good or service.
1 37 g. "Telephone solicitation" means any voice
1 38 communication over a telephone for the purpose of
1 39 encouraging the purchase or rental of, or investment
1 40 in, property, goods, services, wherever originated,
1 41 and includes any of the following purposes:
1 42 (1) To solicit a sale of a consumer good or
1 43 service.
1 44 (2) To offer an extension of credit for a consumer
1 45 good or service.
1 46 (3) To obtain information that will or may be used
1 47 for the direct solicitation of a sale of a consumer
1 48 good or service or an offer of extension of credit for
1 49 such purpose.
1 50 h. "Telephone solicitor" means a person doing
2 1 business in this state, who makes or causes to be made
2 2 a telephone solicitation, including, but not limited
2 3 to, calls made by use of automatic dialing-announcing
2 4 device equipment.
2 5 i. "Unsolicited telephone solicitation" means a
2 6 telephone solicitation other than a call made as
2 7 follows:
2 8 (1) In response to an express request of the
2 9 person called.
2 10 (2) Primarily in connection with an existing debt
2 11 or contract, payment, or performance of which has not
2 12 been completed at the time of such call.
2 13 (3) To a person with whom the telephone solicitor
2 14 has a prior or existing business relationship.
2 15 (4) To a residential subscriber if the telephone
2 16 solicitation is made on behalf of a not-for-profit
2 17 organization exempt from paying taxes under section
2 18 501(c) of the Internal Revenue Code, and if a bona
2 19 fide member of the exempt organization makes such
2 20 communication.
2 21 2. a. A telephone solicitor who makes an
2 22 unsolicited telephone solicitation to a residential,
2 23 mobile, or telephonic paging device telephone number
2 24 shall identify the telephone solicitor's self by the
2 25 telephone solicitor's true first and last name, and
2 26 the business on whose behalf the telephone solicitor
2 27 is making the unsolicited telephone solicitation,
2 28 immediately upon making contact by telephone with the
2 29 person who is the object of the unsolicited telephone
2 30 solicitation.
2 31 b. (1) The division shall establish and maintain
2 32 a "no telephone solicitation calls" listing as
2 33 provided in this subsection. The division may enter
2 34 into an agreement with another person to maintain the
2 35 "no telephone solicitation calls" listing, as deemed
2 36 appropriate by the division. A consumer who is a
2 37 residential, mobile, or telephonic paging device
2 38 telephone subscriber desiring to be placed on a "no
2 39 telephone solicitation calls" listing indicating that
2 40 the consumer does not wish to receive unsolicited
2 41 telephone solicitations shall notify the division and
2 42 be placed on that listing upon receipt by the division
2 43 of a ten dollar initial listing fee. The inclusion of
2 44 a consumer on the listing may be renewed by such
2 45 consumer annually upon submitting a renewal request to
2 46 the division accompanied by a five dollar renewal fee.
2 47 (2) The division shall update its "no telephone
2 48 solicitation calls" listing on a quarterly basis,
2 49 including initial listing and renewal requests
2 50 submitted by consumers to the division during the
3 1 calendar quarter immediately preceding the date of
3 2 such updating. The division, upon request, shall
3 3 provide a copy of the most current quarterly listing
3 4 for a fee as established by the division to a
3 5 telephone solicitor requesting such list, in either a
3 6 printed or electronic form.
3 7 (3) A fee imposed and collected under this section
3 8 shall be deposited in the general fund of the state
3 9 and is appropriated to the division, limited to an
3 10 amount which is sufficient for the administration of
3 11 this section.
3 12 (4) If, pursuant to 47 U.S.C. } 227(c)(3), the
3 13 federal communications commission establishes a single
3 14 national database of telephone numbers of consumers
3 15 who object to receiving telephone solicitations, the
3 16 commission shall include the portion of such national
3 17 database including consumer telephone numbers located
3 18 in this state in the "no telephone solicitation calls"
3 19 listing established and maintained by the division.
3 20 c. A telephone solicitor shall not make or cause
3 21 to be made any unsolicited telephone solicitations to
3 22 any residential, mobile, or telephonic paging device
3 23 telephone number if the number for that telephone
3 24 appears in the current quarterly listing provided by
3 25 the division. A telephone solicitor or person who
3 26 offers for sale consumer information which includes
3 27 residential, mobile, or telephonic paging device
3 28 telephone numbers, except directory assistance and
3 29 telephone directories sold by a telephone company or
3 30 an organization exempt under section 501(c) of the
3 31 Internal Revenue Code, shall screen and exclude those
3 32 numbers which appear on the division's current "no
3 33 telephone solicitation calls" list from any consumer
3 34 information offer or sold. This subsection does not
3 35 apply to a person licensed pursuant to chapter 543B
3 36 who calls an actual or prospective seller or lessor of
3 37 real property if such call is made in response to a
3 38 yard sign or other form of real estate sales
3 39 advertisement placed by the seller or lessor.
3 40 d. Upon a determination by the board, after a
3 41 hearing conducted pursuant to chapter 17A, that a
3 42 person has violated a provision of this subsection,
3 43 the board shall reduce the findings of the hearing to
3 44 writing and deliver a copy of the findings to the
3 45 person, may issue an order requiring the person to
3 46 cease and desist from engaging in the conduct
3 47 resulting in the violation, and may assess a civil
3 48 penalty of not more than ten thousand dollars against
3 49 the person.
3 50 e. The board, by rule, shall ensure that
4 1 telecommunications providers inform their customers of
4 2 the customers' rights under this section. The
4 3 notification shall be made by both of the following:
4 4 (1) Annual inserts in the billing statements
4 5 mailed to such customers.
4 6 (2) Conspicuous publication of the notice in the
4 7 consumer information pages of local telephone
4 8 directories.
4 9 3. a. A contract made pursuant to a telephone
4 10 solicitation is not valid and enforceable against a
4 11 consumer unless made in compliance with this
4 12 subsection.
4 13 b. A contract made pursuant to a telephone
4 14 solicitation must satisfy all of the following:
4 15 (1) The contract must be reduced to writing and
4 16 signed by the consumer.
4 17 (2) The contract must comply with all other
4 18 applicable laws and rules.
4 19 (3) The contract must match the description of
4 20 goods or services as principally used in the telephone
4 21 solicitation.
4 22 (4) The contract must contain the name, address,
4 23 and telephone number of the seller, the total price of
4 24 the contract, and a detailed description of the goods
4 25 or services being sold.
4 26 (5) The contract must contain, in bold,
4 27 conspicuous type, immediately preceding the signature,
4 28 the following statement:
4 29 "You are not obligated to pay any money unless you
4 30 sign this contract and return it to the seller."
4 31 (6) The contract must not exclude from its terms
4 32 any oral or written representations made by the
4 33 telephone solicitor to the consumer in connection with
4 34 the transaction.
4 35 c. This subsection does not apply to contractual
4 36 sales specifically regulated under chapter 714D or
4 37 other law, or to the sale of financial services,
4 38 security sales, or sales transacted by insurance
4 39 companies or their wholly owned subsidiaries or
4 40 agents, or to the sale of cable television services to
4 41 a franchised cable television operator's existing
4 42 subscribers within that cable television operator's
4 43 franchise area, or to any sales where no prior payment
4 44 is made to the merchant and an invoice accompanies the
4 45 goods or services allowing the consumer no less than
4 46 seven days to cancel or return the goods or services
4 47 without obligation for any payment.
4 48 4. a. A merchant who engages a telephone
4 49 solicitor to make or cause to be made a telephone
4 50 solicitation shall not make or submit any charge to a
5 1 consumer's credit card account or make or cause to be
5 2 made any electronic transfer of funds until after the
5 3 merchant receives from the consumer a copy of the
5 4 contract, signed by the consumer, which complies with
5 5 this section.
5 6 b. This subsection does not apply to chapter 714D
5 7 or to any of the following:
5 8 (1) A transaction made pursuant to prior
5 9 negotiations in the course of a visit by the consumer
5 10 to a merchant operating a retail business
5 11 establishment which has a fixed permanent location and
5 12 where consumer goods are displayed or offered for sale
5 13 on a continuing basis.
5 14 (2) A transaction in which the consumer may obtain
5 15 a full refund for the return of undamaged and unused
5 16 goods or a cancellation of services notice to the
5 17 seller within seven days after receipt by the
5 18 consumer, and the seller will process the refund
5 19 within thirty days after receipt of the returned
5 20 merchandise by the consumer.
5 21 (3) A transaction in which the consumer purchases
5 22 goods or services pursuant to an examination of a
5 23 television, radio, or print advertisement or a sample,
5 24 brochure, or catalog of the merchant that contains all
5 25 of the following:
5 26 (a) The name, address, and telephone number of the
5 27 merchant.
5 28 (b) A description of the goods or services being
5 29 sold.
5 30 (c) Any limitations or restrictions that apply to
5 31 the offer.
5 32 (4) A transaction in which the merchant is a bona
5 33 fide charitable organization or a newspaper.
5 34 5. A violation of subsection 3 or 4 is a violation
5 35 of section 714.16, subsection 2, paragraph "a". The
5 36 remedies and penalties provided by section 714.16,
5 37 including but not limited to injunctive relief and
5 38 civil penalties, apply to violations of this section.
5 39 6. A consumer who receives more than one telephone
5 40 solicitation within any twelve-month period by or on
5 41 behalf of the same person in violation of this section
5 42 may do one or both of the following:
5 43 a. Bring an action to enjoin further violations.
5 44 b. Bring an action to recover the greater of the
5 45 following:
5 46 (1) Actual monetary damages incurred by the
5 47 consumer as a result of a violation of this section.
5 48 (2) Not less than one hundred dollars but not more
5 49 than two thousand dollars for each violation of this
5 50 section.
6 1 7. In a civil action resulting from a transaction
6 2 involving a violation of this section, a prevailing
6 3 plaintiff, after judgment in the trial court and
6 4 exhaustion of all appeals, if any, is entitled to
6 5 costs and reasonable attorney fees."
6 6 #3. By renumbering as necessary.
6 7
6 8
6 9
6 10 THOMAS of Clayton
6 11 HF 2530.326 78
6 12 mj/cf
Text: H08557 Text: H08559 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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