Text: HF02445 Text: HF02447 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 476B.1 TELEPHONE SOLICITATION
1 2 RESTRICTIONS.
1 3 1. As used in this section, unless the context otherwise
1 4 requires:
1 5 a. "Board" means the utilities board created in section
1 6 474.1.
1 7 b. "Caller identification service" means a telephone
1 8 service that displays the caller's telephone number or
1 9 identity to the recipient of the telephone call.
1 10 c. "Residential subscriber" means a person who has
1 11 subscribed to residential telephone service from a local
1 12 exchange carrier as defined in 476.96, subsection 5, including
1 13 any other persons living or residing with such person.
1 14 d. "Telephone solicitation" means any voice communication
1 15 over a telephone line for the purpose of encouraging the
1 16 purchase or rental of, or investment in, property, goods, or
1 17 services, but does not include the following:
1 18 (1) A communication to a residential subscriber with the
1 19 subscriber's prior express invitation or permission.
1 20 (2) A communication by or on behalf of a person with whom
1 21 a residential subscriber has a prior or current business or
1 22 personal relationship.
1 23 (3) A communication by a charitable organization which is
1 24 subject to chapter 13C, by a professional commercial fund-
1 25 raiser who has obtained a registration permit pursuant to
1 26 chapter 13C, or by a religious organization. Such
1 27 communication may be accomplished through the use of a live
1 28 operator, the use of ADAD equipment as defined in section
1 29 476.57, or by other means.
1 30 2. A person shall not make or cause to be made a telephone
1 31 solicitation to a residential subscriber in this state who has
1 32 given notice to the board, pursuant to rules adopted under
1 33 subsection 3, of such subscriber's objection to receiving
1 34 telephone solicitations.
1 35 3. a. The board shall establish and maintain a database
2 1 including a list of telephone numbers of residential
2 2 subscribers who object to receiving telephone solicitations.
2 3 The board shall establish the database no later than January
2 4 1, 2001.
2 5 b. The database may be maintained by the board or by
2 6 another entity under contract with the board.
2 7 c. The board, no later than January 1, 2001, shall adopt
2 8 rules which provide for all of the following:
2 9 (1) A requirement that a local exchange carrier inform its
2 10 residential subscribers of the opportunity to provide
2 11 notification to the board or its contractor that the
2 12 subscriber objects to receiving telephone solicitations.
2 13 (2) The methods by which a residential subscriber may give
2 14 notice to the board or its contractor of the subscriber's
2 15 objection to receiving telephone solicitations, or the
2 16 revocation of such notice and the manner in which the
2 17 objections and revocations will be added to the database.
2 18 (3) The length of time a notice of objection is effective
2 19 and the effect of a change of telephone number on such notice.
2 20 (4) The methods by which a person intending to make
2 21 telephone solicitations can access the database as required to
2 22 avoid calling the telephone number of a residential subscriber
2 23 included in the database.
2 24 (5) Such other matters relating to the database that the
2 25 board deems necessary.
2 26 d. If, pursuant to 47 U.S.C. } 227(c)(3), the federal
2 27 communications commission establishes a single national
2 28 database of telephone numbers of subscribers who object to
2 29 receiving telephone solicitations, the board shall include the
2 30 part of the single national database that relates to this
2 31 state in the database established and maintained pursuant to
2 32 this section.
2 33 4. Information contained in the database established
2 34 pursuant to this section shall be used only for the purpose of
2 35 compliance with this section or in a proceeding or action
3 1 under subsection 6 or 7. The database is not a public record
3 2 or otherwise subject to disclosure under chapter 22.
3 3 5. a. A person who makes a telephone solicitation to a
3 4 residential subscriber in this state, at the beginning of such
3 5 call, shall state clearly the identity of the person
3 6 initiating the call.
3 7 b. A person who makes a telephone solicitation to a
3 8 residential subscriber in this state shall not knowingly
3 9 utilize any method to block or otherwise circumvent the
3 10 subscriber's use of a telephone caller identification service.
3 11 6. The board shall investigate any complaints received
3 12 concerning a violation of this section. If, after
3 13 investigating a complaint, the board finds that there has been
3 14 a violation of this section, the board may bring an action to
3 15 impose a civil penalty up to a maximum of two thousand dollars
3 16 for each knowing violation and to seek other relief, including
3 17 injunctive relief, as the court deems appropriate against the
3 18 telephone solicitor.
3 19 7. A residential subscriber who receives more than one
3 20 telephone solicitation within any twelve-month period by or on
3 21 behalf of the same person in violation of this section may do
3 22 one or both of the following:
3 23 a. Bring an action to enjoin further violations.
3 24 b. Bring an action to recover the greater of the
3 25 following:
3 26 (1) Actual monetary damages incurred by the residential
3 27 subscriber as a result of the violation.
3 28 (2) An amount not to exceed two thousand dollars for each
3 29 knowing violation.
3 30 8. The establishment and implementation, with due care, of
3 31 reasonable practices and procedures that effectively prevent a
3 32 telephone solicitation that violates this section is a defense
3 33 in any action or proceeding brought under subsection 6 or 7.
3 34 9. An action or proceeding shall not be brought under
3 35 subsection 6 or 7 more than two years after the later of the
4 1 following:
4 2 a. The date when the person bringing the action knew or
4 3 should have known of the occurrence of the alleged violation.
4 4 b. The date of the termination of any proceeding or action
4 5 by the board.
4 6 10. The remedies, duties, prohibitions, and penalties of
4 7 this section are not exclusive and are in addition to any
4 8 other remedy, duty, prohibition, or penalty provided by law.
4 9 11. A provider of a telephone caller identification
4 10 service is not liable for a violation of this section
4 11 committed by another person.
4 12 EXPLANATION
4 13 This bill creates new Code section 476B.1 relating to
4 14 telephone solicitations. The bill provides that a person
4 15 shall not make or cause to be made a telephone solicitation to
4 16 a residential subscriber in this state who has given notice to
4 17 the utilities board of the subscriber's objection to receiving
4 18 telephone solicitations. The utilities board is directed to
4 19 establish and maintain a database including a list of
4 20 telephone numbers of residential subscribers who object to
4 21 receiving telephone solicitations. The database is to be
4 22 established by no later than January 1, 2001. The bill
4 23 provides that a person who makes a telephone solicitation to a
4 24 residential subscriber in this state shall not knowingly
4 25 utilize any method to block or otherwise circumvent such
4 26 subscriber's use of a telephone caller identification service.
4 27 The bill provides that the board is to investigate any
4 28 complaints received concerning a violation, and if, after
4 29 investigating a complaint, the board finds that there has been
4 30 a violation, the board may bring an action to impose a civil
4 31 penalty up to a maximum of $2,000 for each knowing violation
4 32 and to seek other relief, including injunctive relief, as the
4 33 court deems appropriate. The bill also establishes cause of
4 34 action against a violator by a residential subscriber who
4 35 receives more than one telephone solicitation within any 12-
5 1 month period by or on behalf of the same person in violation
5 2 of the new Code section. The bill provides that a residential
5 3 subscriber may bring an action to enjoin further violations,
5 4 to recover the greater of actual monetary damages or an amount
5 5 not to exceed $2,000 for each knowing violation, or both. The
5 6 bill provides that the establishment and implementation, with
5 7 due care, of reasonable practices and procedures to
5 8 effectively prevent telephone solicitations prohibited under
5 9 this section is a defense in any action.
5 10 LSB 5898YH 78
5 11 mj/cls/14.1
Text: HF02445 Text: HF02447 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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