Text: SF00437                           Text: SF00439
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Senate File 438

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  476B.1  DEFINITIONS.
  1  2    1.  "ADAD equipment" means automatic dialing-announcing
  1  3 device equipment, which is a device or system of devices used,
  1  4 either alone or in conjunction with other equipment, for the
  1  5 purpose of automatically selecting or dialing telephone
  1  6 numbers, for disseminating prerecorded messages to the numbers
  1  7 selected or dialed without the use of a live operator.
  1  8    2.  "Autodialer" means an automatic telephone dialing
  1  9 system or equipment that has both the capacity to store or
  1 10 produce telephone numbers to be called using a random or
  1 11 sequential number generator, and to dial such numbers.
  1 12    3.  "Caller identification" means the display, on the call
  1 13 recipient's telephone or related equipment, of the caller's
  1 14 telephone number or identity to the recipient of the call.
  1 15    4.  "Predictive dialing technology" means an automated
  1 16 dialing system or computer software that utilizes a formula or
  1 17 similar mechanism to initiate a certain greater number of
  1 18 telephone calls than the number of telephone solicitors
  1 19 available to speak to prospective customers, with a goal of
  1 20 keeping the available telephone solicitors continually
  1 21 speaking to one prospective customer after another.
  1 22    Sec. 2.  NEW SECTION.  476B.2  RESTRICTIONS ON THE USE OF
  1 23 CERTAIN TELEMARKETING EQUIPMENT.
  1 24    1.  a.  Except as provided in paragraph "b", a person shall
  1 25 not use, employ, or direct another person to use, or contract
  1 26 for the use of, ADAD equipment.
  1 27    b.  Except for ADAD equipment that randomly or sequentially
  1 28 selects the telephone numbers for calling, the prohibition in
  1 29 paragraph "a" does not apply to any of the following:
  1 30    (1)  Calls made with ADAD equipment by a nonprofit
  1 31 organization or by an individual using the calls other than
  1 32 for commercial profit-making purposes or fund-raising, if the
  1 33 calls do not involve the advertisement or offering for sale,
  1 34 lease, or rental of goods, services, or property.
  1 35    (2)  Calls made with ADAD equipment relating to payment
  2  1 for, service of, or warranty coverage of previously ordered or
  2  2 purchased goods or services or to persons or organizations
  2  3 with a prior business relationship with the persons or
  2  4 organizations using the calls.
  2  5    (3)  Calls made with ADAD equipment relating to the
  2  6 collection of lawful debts.
  2  7    (4)  Calls made with ADAD equipment to members or employees
  2  8 of the organization making the calls.
  2  9    (5)  Calls made with ADAD equipment that use an initial
  2 10 prerecorded message of a duration no greater than seven
  2 11 seconds prior to a live operator intercept, or calls that
  2 12 involve an initial message from a live operator.
  2 13    2.  A caller shall not do any of the following:
  2 14    a.  Operate ADAD equipment, predictive dialing technology,
  2 15 or an autodialer in a manner that intentionally impedes or
  2 16 prevents the function of a recipient's caller identification
  2 17 if the caller's existing equipment is capable of allowing the
  2 18 display of the caller's telephone number or identity.
  2 19    b.  Operate any ADAD equipment, predictive dialing
  2 20 technology, or an autodialer acquired on or after July 1,
  2 21 2001, that is incapable of allowing the display of the
  2 22 caller's telephone number or identity.
  2 23    3.  Calls made with ADAD equipment must terminate the
  2 24 connection with any call within ten seconds after the person
  2 25 receiving the call acts to disconnect the call.
  2 26    4.  A violation of this section is a serious misdemeanor.
  2 27    Sec. 3.  Section 476.57, Code 2001, is repealed.  
  2 28                           EXPLANATION 
  2 29    This bill creates new Code chapter 476B regulating
  2 30 telemarketing.
  2 31    The bill adds new Code section 476B.2, regarding
  2 32 restrictions on the use of certain telemarketing equipment,
  2 33 including ADAD equipment and predictive dialing technology.
  2 34 Much of the content of new Code section 476B.2 is contained in
  2 35 current Code section 476.57, which is repealed as a result of
  3  1 its move to the new Code section in the new Code chapter.  A
  3  2 person is prohibited from using ADAD equipment to deliver
  3  3 prerecorded messages, except for certain specified exceptions,
  3  4 such as certain calls by nonprofit organizations, calls
  3  5 relating to previously ordered goods or services, debt
  3  6 collection, calls to employees, and calls with an initial
  3  7 message from a live operator or a prerecorded message of less
  3  8 than seven seconds.  Calls made with ADAD equipment must
  3  9 terminate the connection within 10 seconds after the call
  3 10 recipient acts to disconnect the call.
  3 11    A caller may not operate ADAD equipment or predictive
  3 12 dialing technology in a manner that intentionally impedes or
  3 13 prevents a call recipient's caller identification from
  3 14 functioning.
  3 15    A violation of Code section 476B.2 is a serious
  3 16 misdemeanor, the same penalty as under current Code section
  3 17 476.57.
  3 18    Definitions are added in new Code section 476B.1 for "ADAD
  3 19 equipment", "autodialer", "caller identification", and
  3 20 "predictive dialing technology".  
  3 21 LSB 1696SS 79
  3 22 jj/cls/14.2
     

Text: SF00437                           Text: SF00439
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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