House Journal: Page 1004: Monday, April 2, 2001
2 subsection 5, and shall obtain a subscription to
3 receive the quarterly updated subscription listings of
4 consumers in Iowa who have registered to be included
5 on the do-not-call list referred to in this section.
6 4. A telephone solicitor shall not make a call
7 with any ADAD equipment, predictive dialing
8 technology, or autodialer to any consumer in Iowa
9 whose name is on the do-not-call list referred to in
10 this section.
11 5. The secretary of state and consumer protection
12 division of the department of justice shall adopt
13 rules pursuant to chapter 17a to administer this
14 section, including appropriate notices to consumers of
15 the types of calls toward which such registration is
16 directed, and the charging of a fee for subscriptions
17 to the list so that the list income supports the cost
18 of maintaining the list.
19 Sec. 4. NEW SECTION. 476B.4 TELEPHONE
20 SOLICITATION RESTRICTIONS.
21 A telephone solicitor who makes a telephone
22 solicitation to a residential, mobile, or telephonic
23 paging device telephone number shall disclose the
24 identity of the telephone solicitor and the business
25 on whose behalf the telephone solicitor is making the
26 telephone solicitation, immediately upon making
27 contact by telephone with the person who is the object
28 of the telephone solicitation. The telephone
29 solicitor shall also comply with the provisions of 16
30 C.F.R. § 310.4 in regard to required disclosures and
31 other actions of the telephone solicitor. The
32 business employing the telephone solicitor shall also
33 comply with the provisions of 16 C.F.R. § 310.5,
34 particularly with regard to the use of fictitious
35 names by employees and recordkeeping by the business
36 regarding such names.
37 Sec. 5. NEW SECTION. 476B.5 REQUIREMENTS FOR
38 CONTRACTS MADE PURSUANT TO TELEPHONE SOLICITATION.
39 1. a contract made pursuant to a telephone
40 solicitation is not valid and enforceable against a
41 consumer unless made in compliance with this section.
42 2. a contract made pursuant to a telephone
43 solicitation must satisfy all of the following:
44 a. The contract must be reduced to writing and
45 signed by the consumer.
46 b. The contract must comply with all other
47 applicable laws and rules.
48 c. The contract must match the description of
49 goods or services as principally communicated in the
50 telephone solicitation.
© 2001 Cornell College and
League of Women Voters of Iowa
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