Text: SF00298 Text: SF00300 Text: SF00200 - SF00299 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 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Consumer" means an actual or prospective purchaser,
1 5 lessee, or recipient of a consumer good or service.
1 6 2. "Consumer good or service" means any real property or
1 7 any tangible or intangible personal property which is normally
1 8 used for personal, family, or household purposes, including,
1 9 without limitation, any such property intended to be attached
1 10 to or installed in any real property without regard to whether
1 11 it is so attached or installed, as well as cemetery lots and
1 12 timeshare estates, and any service related to such property.
1 13 3. "Doing business in this state" means a business that
1 14 conducts telephone solicitations from a location in this state
1 15 or from other states or nations to consumers located in this
1 16 state.
1 17 4. "Existing business relationship" means an established
1 18 pattern of activity between a consumer and a merchant,
1 19 involving an inquiry, application, purchase, or transaction
1 20 initiated by a consumer regarding products or services offered
1 21 by a merchant.
1 22 5. "Merchant" means a person who, directly or indirectly,
1 23 offers or makes available to a consumer any consumer good or
1 24 service.
1 25 6. "Telephone solicitation" means any voice communication,
1 26 wherever originated, transmitted over a telephone for the
1 27 purpose of encouraging action on the part of the consumer,
1 28 including but not limited to any of the following actions:
1 29 a. The purchase or rental of consumer goods or services.
1 30 b. Investment in consumer goods or services.
1 31 c. Soliciting a sale of a consumer good or service.
1 32 d. Offering an extension of credit for a consumer good or
1 33 service.
1 34 e. Obtaining information that will or may be used for the
1 35 direct solicitation of a sale of a consumer good or service or
2 1 an offer of extension of credit for such purpose.
2 2 f. Soliciting a donation for any group, organization, or
2 3 purpose.
2 4 7. "Telephone solicitor" means a person doing business in
2 5 this state, who makes or causes to be made a telephone
2 6 solicitation.
2 7 Sec. 2. NEW SECTION. 476B.2 DO-NOT-CALL LISTING.
2 8 1. The secretary of state shall contract with a service to
2 9 maintain a do-not-call list of Iowa telephone subscribers who
2 10 do not wish to receive telephone solicitations. The contract
2 11 shall be made in consultation with the consumer protection
2 12 division of the department of justice, so that all evidentiary
2 13 issues and other issues related to enforcement are considered.
2 14 2. A residential, mobile, or telephonic paging device
2 15 telephone subscriber who does not wish to receive telephone
2 16 solicitations may register to be included on the do-not-call
2 17 list contracted for by the secretary of state pursuant to
2 18 subsection 1.
2 19 3. A telephone solicitor doing business in Iowa shall
2 20 obtain a subscription to receive the quarterly updated
2 21 subscription listings of consumers in Iowa who have registered
2 22 to be included on the do-not-call list referred to in this
2 23 section.
2 24 4. A telephone solicitor shall not call any consumer in
2 25 Iowa whose name is on the do-not-call list referred to in this
2 26 section.
2 27 5. This section shall not apply to the following calls:
2 28 a. Charitable organizations.
2 29 b. Polling firms.
2 30 c. Businesses who call a person with whom the business has
2 31 an existing business relationship.
2 32 6. The secretary of state and consumer protection division
2 33 of the department of justice shall adopt rules pursuant to
2 34 chapter 17A to administer this section, including appropriate
2 35 notices to consumers of the types of calls toward which such
3 1 registration is directed.
3 2 Sec. 3. NEW SECTION. 476B.3 INVESTIGATIONS – CIVIL
3 3 ACTIONS – CIVIL PENALTY – OTHER REMEDIES.
3 4 A violation of this chapter is a violation of section
3 5 714.16, subsection 2, paragraph "a". All the powers conferred
3 6 upon the attorney general to accomplish the objectives and
3 7 carry out the duties prescribed pursuant to section 714.16 are
3 8 also conferred upon the attorney general to enforce this
3 9 chapter, including, but not limited to, the power to issue
3 10 subpoenas, adopt rules pursuant to chapter 17A which shall
3 11 have the force of law, and seek injunctive relief and civil
3 12 penalties.
3 13 EXPLANATION
3 14 This bill creates new Code chapter 476B establishing
3 15 restrictions on solicitations made by telephone.
3 16 New Code section 476B.1 provides definitions for the new
3 17 chapter, including "consumer", "consumer good or service",
3 18 "doing business in this state", "existing business
3 19 relationship", "merchant", "telephone solicitation", and
3 20 "telephone solicitor".
3 21 The bill provides in new Code section 476B.2 that the
3 22 secretary of state shall contract with a service to maintain a
3 23 do-not-call list. A residential, mobile, or telephonic paging
3 24 device telephone subscriber desiring to be placed on a "do-
3 25 not-call" list indicating that the subscriber does not wish to
3 26 receive telephone solicitations may register with the service
3 27 contracted for by the secretary of state. A telephone
3 28 solicitor shall obtain the listing quarterly, and shall not
3 29 call any consumer in Iowa whose name is on the list. The
3 30 prohibition does not apply to charitable organizations,
3 31 polling firms, or businesses who call a person with whom the
3 32 businesses have an existing business relationship.
3 33 The bill provides in new Code section 476B.3 that the
3 34 attorney general can enforce Code chapter 476B in the manner
3 35 of a violation of Code section 714.16 relating to consumer
4 1 frauds.
4 2 LSB 2810XS 80
4 3 jj/cf/24
Text: SF00298 Text: SF00300 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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