SB2902 SD2 HSCR1012-04

 

STAND. COM. REP. NO. 1012-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2902

S.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred S.B. No. 2902, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO TELEMARKETING,"

begs leave to report as follows:

The purpose of this bill is to harmonize the State of Hawaii's telemarketing law, Chapter 481P, Hawaii Revised Statutes, with the Do-Not-Call provisions of the Telemarketing Sales Rule (TSR) and the Telephone Consumer Protection Act (TCPA), administered by the Federal Trade Commission and the Federal

Communications Commission.

Testimony in support of this administration bill was received from the Department of Commerce and Consumer Affairs, Verizon, and Legislative Information Services of Hawaii.

Your Committee finds that recent amendments to the federal TSR and the TCPA have given consumers a choice about whether they want to receive most telemarketing calls. By placing their numbers on a national Do-Not-Call registry, consumers will now be able to reduce the number of telemarketing calls they receive. TSR's and TCPA's enforcement provisions make it a violation of federal law for most telemarketers to call a number listed on the Do-Not-Call registry.

 

This bill proposes to give the State the ability to protect consumers who do not wish to receive telemarketing calls, by making it an unfair or deceptive trade practice, subject to prosecution by state consumer protection authorities, for a telemarketer to make a solicitation call to a number listed on the national Do-Not-Call Registry.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2902, S.D. 2, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection and Commerce,

 

		____________________________ KENNETH T. HIRAKI, Chair