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