Text: HF00641 Text: HF00643 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 476.58 RESTRICTIONS ON USE OF
1 2 EQUIPMENT USED TO DIAL MULTIPLE NUMBERS.
1 3 1. For purposes of this section, unless the context
1 4 otherwise requires:
1 5 a. "ADAD equipment" means ADAD equipment as defined in
1 6 section 476.57.
1 7 b. "Telemarketer" means a person who makes telephonic
1 8 sales calls.
1 9 c. "Telephonic sales call" means a call made by a
1 10 telemarketer to a consumer for any of the following purposes:
1 11 (1) To solicit a sale of a consumer good or service.
1 12 (2) To solicit an extension of credit for a consumer good
1 13 or service.
1 14 (3) To obtain information that will or may be used for the
1 15 direct solicitation of a sale of a consumer good or service or
1 16 an extension of credit for such purpose.
1 17 2. A telemarketer shall not use ADAD equipment or any
1 18 similar equipment to make telephonic sales calls where the
1 19 number of live telemarketers is less than the number of
1 20 telephonic sales calls dialed by such equipment, and where the
1 21 number of telemarketers would be insufficient to engage in the
1 22 telephonic sales calls if all calls made by such equipment
1 23 result in a completed call to the numbers dialed.
1 24 3. A violation of subsection 2 shall be considered a
1 25 fraudulent practice in the third degree under section 714.11.
1 26 The remedies and penalties provided by section 714.16,
1 27 including but not limited to injunctive relief and civil
1 28 penalties, also apply to violations of this section.
1 29 EXPLANATION
1 30 This bill provides that a telemarketer shall not use ADAD
1 31 equipment or any similar equipment to make telephonic sales
1 32 calls where the number of live telemarketers is less than the
1 33 number of telephonic sales calls dialed by such equipment, and
1 34 where the number of telemarketers would be insufficient to
1 35 engage in the telephonic sales calls if all calls made by such
2 1 equipment result in a completed call to the numbers dialed.
2 2 The bill provides that a violation of this prohibition is a
2 3 fraudulent practice in the third degree under Code section
2 4 714.11, and constitutes an aggravated misdemeanor. The
2 5 remedies and penalties provided by Code section 714.16,
2 6 including but not limited to injunctive relief and civil
2 7 penalties, apply to violations of this section.
2 8 LSB 1957YH 78
2 9 mj/sc/14
Text: HF00641 Text: HF00643 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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