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PAG LIN
1 1 Section 1. NEW SECTION. 476B.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Basic local telephone service" means the same as
1 5 defined in section 476.96.
1 6 2. "Nonresidential customer" means a person, other than a
1 7 residential customer, who is furnished with telecommunications
1 8 service by a telecommunications utility.
1 9 3. "Nonsolicitation directory" means the directory
1 10 established under section 476B.2.
1 11 4. "Residential customer" means an individual who is
1 12 furnished with basic local telephone service by a
1 13 telecommunications utility, but does not include an individual
1 14 who operates a business at the individual's residence.
1 15 5. "Telephone solicitation" means the unsolicited
1 16 initiation of a telephone conversation for the purpose of
1 17 encouraging the recipient of the telephone call to purchase
1 18 goods or services.
1 19 6. "Telephone solicitor" means a person, other than a
1 20 nonprofit organization or an employee or contractor of a
1 21 nonprofit organization, that employs or contracts with an
1 22 individual to make a telephone solicitation. For purposes of
1 23 this chapter, "telephone solicitor" includes both the employer
1 24 and the employee actually making the telephone call.
1 25 Sec. 2. NEW SECTION. 476B.2 NONSOLICITATION DIRECTORY –
1 26 LISTING.
1 27 1. The secretary of state shall adopt rules for
1 28 establishing, maintaining, and semiannually updating a
1 29 directory that includes listings of residential customers who
1 30 do not wish to receive telephone solicitations made by
1 31 telephone solicitors. The rules adopted pursuant to this
1 32 section shall establish requirements and procedures for a
1 33 residential customer to request a listing in the
1 34 nonsolicitation directory. Upon request by a residential
1 35 customer, the secretary of state shall include in the
2 1 nonsolicitation directory a listing indicating that the
2 2 residential customer does not want to receive any telephone
2 3 solicitation made by a telephone solicitor. The rules shall
2 4 also require a residential customer who requests a listing in
2 5 the directory to notify the secretary of state on a biennial
2 6 basis if the residential customer wishes to continue to be
2 7 included in the directory. The secretary of state shall
2 8 eliminate a residential customer from the directory if the
2 9 customer does not make the biennial notification.
2 10 2. Except for copies of the nonsolicitation directory that
2 11 are provided to registered telephone solicitors, the
2 12 nonsolicitation directory is not subject to inspection,
2 13 copying, or receipt and may not be released by the secretary
2 14 of state, notwithstanding any Code provision to the contrary.
2 15 3. The secretary of state shall, on a semiannual basis,
2 16 make the nonsolicitation directory available by electronic
2 17 transmission only to telephone solicitors who are registered
2 18 under section 476B.3. Upon the request of a telephone
2 19 solicitor registered under section 476B.3, the secretary of
2 20 state shall also provide a printed copy of the nonsolicitation
2 21 directory to the telephone solicitor. A telephone solicitor
2 22 who receives a copy of the directory, or to whom the directory
2 23 is made available by electronic transmission under this
2 24 paragraph, may not solicit or accept from any person, directly
2 25 or indirectly, anything of value in exchange for providing the
2 26 person with any information included in the directory, and
2 27 shall not otherwise divulge the information in the directory
2 28 to a third party.
2 29 Sec. 3. NEW SECTION. 476B.3 REGISTRATION OF TELEPHONE
2 30 SOLICITORS – LIMITATIONS ON TELEPHONE SOLICITORS.
2 31 1. The secretary of state shall adopt rules that require
2 32 any telephone solicitor who requires an employee or contractor
2 33 to make a telephone solicitation to a residential customer in
2 34 this state to register with the department, obtain a
2 35 registration number from the department, and pay a
3 1 registration fee to the department. The amount of the
3 2 registration fee shall be based on the cost of establishing
3 3 the nonsolicitation directory, and the amount that an
3 4 individual telephone solicitor is required to pay shall be
3 5 based on the number of telephone lines used by the telephone
3 6 solicitor to make telephone solicitations. The rules shall
3 7 also require a telephone solicitor that registers with the
3 8 department to pay an annual registration renewal fee to the
3 9 department. The amount of the registration renewal fee shall
3 10 be based on the cost of maintaining the nonsolicitation
3 11 directory.
3 12 2. A telephone solicitor may not do either of the
3 13 following:
3 14 a. Make a telephone solicitation to a person in this state
3 15 unless the telephone solicitor is registered with the
3 16 secretary of state under the rules adopted pursuant to this
3 17 section.
3 18 b. Make a telephone solicitation that does any of the
3 19 following:
3 20 (1) Uses an electronically prerecorded message in
3 21 telephone solicitation without the consent of the recipient of
3 22 the telephone call.
3 23 (2) Makes a telephone solicitation to a residential
3 24 customer if the nonsolicitation directory that is provided or
3 25 made available to the telephone solicitor under section 476B.2
3 26 includes a listing for the residential customer.
3 27 (3) Makes a telephone solicitation to a nonresidential
3 28 customer if the nonresidential customer has provided notice by
3 29 mail to the telephone solicitor that the nonresidential
3 30 customer does not wish to receive telephone solicitations.
3 31 Sec. 4. NEW SECTION. 476B.4 REQUIRED DISCLOSURES.
3 32 1. An individual who makes a telephone solicitation shall
3 33 identify at the beginning of the telephone conversation each
3 34 of the following:
3 35 a. The name of the telephone solicitor making the call.
4 1 b. If different than the telephone solicitor, the person
4 2 selling the goods or services, or receiving the contribution,
4 3 donation, grant, or pledge of money, credit, property, or
4 4 other thing of any kind, that is the reason for the telephone
4 5 solicitation.
4 6 2. A telephone solicitor that makes a telephone
4 7 solicitation to a nonresidential customer shall, upon the
4 8 request of the nonresidential customer, provide the mailing
4 9 address for notifying the telephone solicitor that the
4 10 nonresidential customer does not wish to receive telephone
4 11 solicitations.
4 12 Sec. 5. NEW SECTION. 476B.5 EXCEPTIONS.
4 13 A telephone solicitation that satisfies either of the
4 14 following is not subject to this chapter:
4 15 1. The telephone solicitation is made to a recipient in
4 16 response to the recipient's request for the telephone
4 17 solicitation.
4 18 2. The telephone solicitation is made to a recipient who
4 19 is a current client of the person selling the goods or
4 20 services. This paragraph does not allow affiliates of the
4 21 person selling the goods or services to make a telephone
4 22 solicitation unless the recipient is also a current client of
4 23 such affiliate.
4 24 Sec. 6. NEW SECTION. 476B.6 TERRITORIAL APPLICATION.
4 25 This chapter applies to any interstate telephone
4 26 solicitation received by a person in this state and to any
4 27 intrastate telephone solicitation received by a person in this
4 28 state.
4 29 Sec. 7. NEW SECTION. 476B.7 ENFORCEMENT.
4 30 The attorney general may bring an action for temporary or
4 31 permanent injunctive or other relief for any violation of this
4 32 chapter.
4 33 Sec. 8. NEW SECTION. 476B.8 PENALTY.
4 34 A person who violates any provision of this chapter shall
4 35 be required to pay a civil penalty of one hundred dollars for
5 1 each violation.
5 2 EXPLANATION
5 3 This bill creates a new Code chapter pertaining to
5 4 telephone solicitations.
5 5 New Code section 476B.2 requires the secretary of state to
5 6 create a nonsolicitation directory that lists the residential
5 7 telephone customers who have indicated they do not want to
5 8 receive any telephone solicitations. The directory is updated
5 9 semiannually, and residential customers must reaffirm their
5 10 intent to remain on the list every two years, or else be
5 11 deleted from the list. The list is provided only to
5 12 registered telephone solicitors, primarily in electronic
5 13 format, but also in printed format upon request. The
5 14 telephone solicitor may not sell the information.
5 15 New Code section 476B.3 requires all telephone solicitors
5 16 to register and pay a fee. The fees paid will be based on the
5 17 cost of maintaining the nonsolicitation directory. Telephone
5 18 solicitors are prohibited from making a telephone solicitation
5 19 without registering, making a telephone solicitation that uses
5 20 an electronically prerecorded message without the recipient's
5 21 consent, making a telephone solicitation to a residential
5 22 customer on the nonsolicitation directory, and making a
5 23 telephone solicitation to a nonresidential customer who has
5 24 provided notice by mail to the telephone solicitor that the
5 25 nonresidential customer does not wish to receive telephone
5 26 solicitations.
5 27 The telephone solicitor is required to disclose at the
5 28 beginning of the call the name of the telephone solicitor
5 29 making the call and the name of the person selling the goods
5 30 or services. The telephone solicitor also, upon the request
5 31 of a nonresidential customer, shall provide the mailing
5 32 address for notifying the telephone solicitor that the
5 33 nonresidential customer does not wish to receive telephone
5 34 solicitations.
5 35 Telephone solicitations made to existing clients or in
6 1 response to requests are not subject to new Code chapter 476B.
6 2 New Code chapter 476B applies to intrastate telephone
6 3 solicitations and interstate telephone solicitations received
6 4 by an Iowa resident.
6 5 A violation of new Code chapter 476B is punishable by a
6 6 civil penalty of $100 for each violation. The attorney
6 7 general may bring an action for a temporary or permanent
6 8 injunction or other relief for any violation.
6 9 LSB 6195XS 79
6 10 jj/cls/14
Text: SF02255 Text: SF02257 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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