Senate File 31 - Introduced



                                       SENATE FILE       
                                       BY  KREIMAN


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to telephone solicitations including establishing
  2    certain restrictions on telephone solicitors, providing for
  3    registration for residential customers objecting to receiving
  4    certain telephone solicitations, and providing penalties and
  5    remedies.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1196XS 81
  8 kk/pj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  477A.1  DEFINITIONS.
  1  2    As used in this chapter, unless the context otherwise
  1  3 requires:
  1  4    1.  "Established business relationship" means a prior or
  1  5 existing relationship formed by a voluntary two=way
  1  6 communication between a person or entity and a telephone
  1  7 subscriber with or without an exchange of consideration, on
  1  8 the basis of the telephone subscriber's purchase or
  1  9 transaction with the person or entity within eighteen months
  1 10 immediately preceding the date of the telephone call or on the
  1 11 basis of the telephone subscriber's inquiry or application
  1 12 regarding products or services offered by the person or entity
  1 13 within the last three months immediately preceding the date of
  1 14 the telephone call, which relationship has not been previously
  1 15 terminated by either party.
  1 16    2.  "Telephone solicitation" means the initiation of a
  1 17 telephone call or message for the purpose of encouraging the
  1 18 purchase or rental of, or investment in, property, goods, or
  1 19 services, which is transmitted to any person, but such term
  1 20 does not include a call or message that is any of the
  1 21 following:
  1 22    a.  To any person with that person's prior express
  1 23 invitation or permission.
  1 24    b.  To any person with whom the caller has an established
  1 25 business relationship.
  1 26    c.  By or on behalf of a tax=exempt nonprofit organization
  1 27 while the organization is engaged in fund=raising to support
  1 28 the charitable purpose for which the organization was
  1 29 established provided that a bona fide member of the
  1 30 organization makes the voice communication.
  1 31    3.  "Telephone solicitor" means a person doing business in
  1 32 this state that makes or causes to be made a telephone
  1 33 solicitation.
  1 34    4.  "Telephone subscriber" means a person that has
  1 35 subscribed to residential telephone or wireless communications
  2  1 service from a local exchange company or wireless
  2  2 communications provider, or any other person living with or
  2  3 residing with such person.
  2  4    Sec. 2.  NEW SECTION.  477A.2  DO=NOT=CALL LISTING.
  2  5    1.  The secretary of state shall contract with a service to
  2  6 maintain a do=not=call list of telephone subscribers in this
  2  7 state who object to receiving telephone solicitations.
  2  8    2.  The secretary of state shall include telephone
  2  9 subscribers in this state who are included in the national
  2 10 database established by the federal communications commission
  2 11 pursuant to 47 U.S.C. } 227(c)(3).
  2 12    3.  A telephone solicitor doing business in this state
  2 13 shall obtain a subscription to receive an updated listing of
  2 14 telephone subscribers in this state who have registered to be
  2 15 included on the do=not=call list established in this section.
  2 16    4.  Information contained in the do=not=call list
  2 17 established in this section shall be used only for the purpose
  2 18 of compliance with section 477A.3 and this section.  Such
  2 19 information shall not be considered a public record for the
  2 20 purposes of chapter 22.
  2 21    Sec. 3.  NEW SECTION.  477A.3  SOLICITATION PROHIBITION.
  2 22    A telephone solicitor shall not make or cause to be made a
  2 23 telephone solicitation to any telephone subscriber in this
  2 24 state who has given notice to the secretary of state of the
  2 25 telephone subscriber's objection to receiving telephone
  2 26 solicitations.
  2 27    Sec. 4.  NEW SECTION.  477A.4  RULES.
  2 28    The secretary of state, in cooperation with the consumer
  2 29 protection division of the department of justice, shall adopt
  2 30 rules pursuant to chapter 17A to administer this chapter.
  2 31    Sec. 5.  NEW SECTION.  477A.5  INVESTIGATIONS == PENALTIES.
  2 32    1.  A violation of this chapter is an unlawful practice
  2 33 under section 714.16, subsection 2, paragraph "a".  All the
  2 34 powers conferred upon the attorney general to accomplish the
  2 35 objectives and carry out the duties prescribed pursuant to
  3  1 section 714.16 are also conferred upon the attorney general to
  3  2 enforce this chapter including seeking injunctive relief and
  3  3 civil penalties.
  3  4    2.  a.  A telephone subscriber who has received more than
  3  5 one telephone solicitation from or on behalf of the same
  3  6 telephone solicitor within any twelve=month period in
  3  7 violation of this chapter may bring a civil action against the
  3  8 telephone solicitor for any of the following relief:
  3  9    (1)  To enjoin a future violation.
  3 10    (2)  To recover actual monetary loss from the violation or
  3 11 to receive up to five hundred dollars in damages for each
  3 12 violation, whichever is greater.
  3 13    b.  In addition to other damages allowed under this
  3 14 section, a court may award liquidated damages up to three
  3 15 times the amount available under paragraph "a" if the court
  3 16 finds the telephone solicitor willfully or knowingly violated
  3 17 this chapter.
  3 18    c.  It shall be an affirmative defense in any action
  3 19 brought under this subsection that the telephone solicitor has
  3 20 established and implemented reasonable practices and
  3 21 procedures to effectively prevent telephone solicitation in
  3 22 violation of this chapter.
  3 23                           EXPLANATION
  3 24    This bill establishes restrictions on solicitations made by
  3 25 telephone.  New Code section 477A.1 provides definitions for
  3 26 "established business relationship", "telephone solicitation",
  3 27 "telephone solicitor", and "telephone subscriber".  "Telephone
  3 28 solicitations" does not include calls to a person with that
  3 29 person's prior express permission, to a person with whom the
  3 30 caller has an established business relationship, and by a tax=
  3 31 exempt nonprofit organization engaging in fund=raising to
  3 32 support the charitable purpose for which the organization was
  3 33 established.
  3 34    The bill requires the secretary of state to contract with a
  3 35 service to maintain a state do=not=call list for residential
  4  1 telephone and wireless subscribers in this state who object to
  4  2 receiving telephone solicitations.  The list shall include
  4  3 subscribers in this state who have registered with the
  4  4 national list established by the federal communications
  4  5 commission.  Telephone solicitors doing business in this state
  4  6 must subscribe to updates to the list.  Information contained
  4  7 in the list is not public information for the purposes of Code
  4  8 chapter 22.
  4  9    The bill prohibits a telephone solicitor from making a
  4 10 telephone solicitation to any telephone subscriber in this
  4 11 state who has given notice to the secretary of state of the
  4 12 subscriber's objection to receiving telephone solicitations.
  4 13 The secretary of state may adopt rules to enforce new Code
  4 14 chapter 477A.
  4 15    The attorney general can enforce new Code chapter 477A in
  4 16 the same manner as consumer fraud under Code section 714.16.
  4 17 Residential subscribers who have received more than one
  4 18 telephone call within any 12=month period from or on behalf of
  4 19 the same solicitor in violation of the chapter may bring a
  4 20 court action to enjoin a future violation, and to recover
  4 21 damages from the violation or to receive up to $500 in damages
  4 22 for each violation, whichever is greater.  The court may also
  4 23 award liquidated damages up to three times the amount of
  4 24 damages awarded if the solicitor willfully or knowingly
  4 25 violated Code chapter 477A.  The bill provides for an
  4 26 affirmative defense that the solicitor has established and
  4 27 implemented reasonable practices and procedures to effectively
  4 28 prevent telephone solicitation in violation of Code chapter
  4 29 477A.
  4 30 LSB 1196XS 81
  4 31 kk/pj/5