SB2367

Report Title:

Telephone Solicitation

 

Description:

Adds automated telephone sales calls to unfair and deceptive acts or practices; requires the office of consumer protection to investigate alleged complaints concerning telemarketing fraud; allows consumers to place their names on a "no sales solicitation calls" list maintained by the office of consumer protection.

THE SENATE	S.B. NO.	2367
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING To the TELEMARKETING FRAUD PREVENTION ACT.

 

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

SECTION 1. Chapter 481P, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:

"§481P-A Automated telephone sales calls prohibited. (a) It is an unfair or deceptive act or practice, in addition to section 481P-2, to make a telephone sales call that involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called.

(b) This section shall not apply:

(1) To an automated telephone dialing system with live messages if the calls are made or messages given solely in response to calls initiated by the consumer to whom the automated calls or live messages are directed;

(2) If the telephone numbers selected for automatic dialing have been screened to exclude any consumer who is included in the listing under section 481P- or any unlisted telephone number; or

(3) If the calls are made concerning goods or

services that have been previously ordered or purchased by the consumer.

§481P-B No sales solicitation calls listing. (a) The office of consumer protection shall maintain a current listing of all telephone service subscribers who do not desire unsolicited telephone sales calls, including automated system calls under section 481P-A. To be included on this listing, a telephone service subscriber shall submit a request to the office of consumer protection and pay an annual administrative fee of $5. The office of consumer protection shall immediately update the listing upon the receipt of a subscriber's request for initial inclusion, renewal, or exclusion, and the applicable fee. The administrative fees collected shall be used for purposes of administering this section.

(b) Beginning August 1, 2002, no telephone sales solicitation call shall be made to any person who is listed on the no sales solicitation calls listing maintained by the office of consumer protection.

(c) The no sales solicitation calls listing shall be open to public inspection, whether in-person during normal business hours or electronically, and shall be provided for a fee to telephone solicitors upon request.

§481P-C Investigation by office of consumer protection.

The office of consumer protection shall investigate any complaints of violation of this chapter. If a violation has been determined, the office of consumer protection may bring the appropriate civil action on behalf of the complaining consumer or other similarly situated consumers, or both. If the office of consumer protection prevails in any action, the court may order an award to the office of court costs and reasonable attorneys fees.

§481P-D Rules; notification. The office of consumer protection by rule shall ensure that telecommunications companies inform their customers of the provisions of sections 481P- to 481P- . The notification may be made by:

(1) Annual inserts in billing statements mailed to customers; or

(2) Conspicuous publication of the notice in the consumer information pages of Hawaii telephone directories."

SECTION 2. New statutory material is underscored.

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________