HB1997

Report Title:

Unfair and deceptive practices

Description:

Prohibits the transmission of unsolicited advertising material to a cellular telephone or pager that is equipped with short message or a similar capability allowing transmission of text messages.

HOUSE OF REPRESENTATIVES	H.B. NO.	1997
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO UNFAIR AND DECEPTIVE PRACTICES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§481B- Advertising; unsolicited cellular telephone and pager text messages. (a) Except as provided in subsection (b), it shall be an unlawful practice for any person or entity conducting business in this state to transmit or cause to be transmitted, a text message consisting of unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit, to a cellular telephone or pager that is equipped with short message or a similar capability allowing the transmission of text messages.

(b) This section shall not apply to text messages transmitted by or at the direction of a person or entity offering cellular telephone or pager service if the subscriber is offered an option to receive or not receive unsolicited advertising material and affirmatively elects to receive such material."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________