HB 1440 -- Telemarketing

Sponsor:  Crump

This bill establishes telemarketing regulations.  In its main
provisions, the bill:

(1)  Requires telemarketers to disclose certain information when
selling merchandise or promoting prizes, including the purpose
of the call, the name of the telemarketer and seller, and the
total cost of merchandise prior to payment;

(2)  Prohibits certain acts, including requesting a fee to
remove derogatory information from a person's credit record,
knowingly calling persons who have previously stated that they
do not want to receive telemarketing calls from that seller, and
misrepresenting material aspects about the merchandise being
offered for sale;

(3)  Prohibits abusive conduct such as the use of obscene
language, intimidation, and harassment;

(4)  Allows a consumer to give certain forms of written or oral
authorization for payment from his or her checking or savings
account;

(5)  Requires telemarketers to keep specified records for 24
months from the date the record is produced, such as verifiable
authorizations, brochures, and the names and addresses of
recipients of prizes with a value of $25 or more;

(6)  Subjects violators to penalties, remedies, and procedures
authorized in current merchandising practices law, and makes
violations of the bill's provisions a class D felony;

(7)  Allows consumers who have suffered a loss or harm due to
violations of the bill's provisions to recover actual and
punitive damages, attorney's fees, court costs, and other lawful
remedies; and

(8)  Exempts the following from the requirements of the bill:

(a)  telephone calls where the sale of goods or services is not
completed and payment is not required until after a face-to-face
sales presentation by the telemarketer;

(b)  telephone calls initiated by the customer that are not the
result of any advertisement by a seller or telemarketer, are in
response to media advertisements other than direct mail or
telemarketing, and are in response to direct mail solicitations
and catalog mailings;

(c)  telephone calls or messages to persons who have given prior
express permission, persons with whom the caller has an
established business relationship as defined in the bill, or
calls made by a tax-exempt nonprofit organization; and

(d)  telephone calls made by an entity or industry regulated by
the Public Service Commission.