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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