HOUSE BILL NO. 144

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Daily Data Tracking History



H0144aaS...................................................by STATE AFFAIRS
TELEMARKETERS - Adds to existing law to require that written or verbal
consent be obtained by a telemarketer who has previously obtained an
account number before a charge can be made to the account.
                                                                        
02/05    House intro - 1st rdg - to printing
02/06    Rpt prt - to St Aff
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 64-0-6
      AYES -- Barraclough, Barrett, Bedke, Bell, Boe, Bolz, Bradford,
      Bruneel, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney,
      Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gould, Hadley,
      Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Kellogg,
      Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague,
      Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Schaefer, Sellman, Shepherd,
      Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Wood,
      Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bieter, Black, Callister, Gagner, Jones, Sali
    Floor Sponsor -- Smylie
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to St Aff
03/06    Rpt out - to 14th Ord
03/12    Rpt out amen - to 1st rdg as amen
03/13    1st rdg - to 2nd rdg as amen
03/14    2nd rdg - to 3rd rdg as amen
03/15    3rd rdg as amen - PASSED - 31-0-4
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson,
      Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne,
      Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- Danielson, Darrington, Lodge, Williams
    Floor Sponsor -- Sandy
    Title apvd - to House
03/19    House concurred in Senate amens - to engros
03/20    Rpt engros - 1st rdg - to 2nd rdg as amen
03/21    2nd rdg - to 3rd rdg as amen
03/26    3rd rdg as amen - PASSED - 60-0-10
      AYES -- Barraclough, Barrett, Bedke, Bieter, Black, Boe, Bolz,
      Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal,
      Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
      Gould, Hadley, Hammond, Hansen, Harwood, Henbest(Farley), Higgins,
      Hornbeck, Jaquet, Kellogg, Kendell, Lake, Langford, Loertscher,
      Mader, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smith, Smylie, Stevenson, Tilman, Trail, Wood,
      Young
      NAYS -- None
      Absent and excused -- Bell, Bradford, Bruneel, Jones, Kunz, Marley,
      Pischner, Stone, Wheeler, Mr. Speaker
    Floor Sponsor -- Smylie
    Title apvd - to Senate
    To enrol - rpt enrol - Sp signed
03/28    Pres signed
03/29    To Governor
04/04    Governor signed
         Session Law Chapter 315
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 144
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TELEPHONE SOLICITATIONS; AMENDING  CHAPTER  10,  TITLE  48,  IDAHO
  3        CODE,  BY  THE  ADDITION OF A NEW SECTION 48-1003B, IDAHO CODE, TO PROVIDE
  4        DEFINITIONS AND TO REQUIRE CONSENT TO CHARGE A CONSUMER'S ACCOUNT.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Chapter 10, Title 48, Idaho Code, be,  and  the  same  is
  7    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  8    ignated as Section 48-1003B, Idaho Code, and to read as follows:
                                                                        
  9        48-1003B.  CONSENT  REQUIRED  FOR  TELEMARKETING  CHARGES  TO   PREVIOUSLY
 10    OBTAINED ACCOUNTS. (1) As used in this section:
 11        (a)  "Account"  means a credit card, debit card, checking account, savings
 12        account, loan account, telephone service account, utility account or other
 13        similar account.
 14        (b)  "Account holder" means a consumer who owns an account, or a  consumer
 15        who has authority to cause a charge or debit to an account.
 16        (c)  "Authorization"  means an account holder providing express consent to
 17        a telemarketer or person acting on behalf of the telemarketer,  to  charge
 18        or  cause  to  be charged the account holder's account for the purchase of
 19        goods or services. Authorization is not effective until the account holder
 20        has been advised, clearly and conspicuously:
 21             (i)   That the telemarketer has the account holder's account number;
 22             (ii)  That the telemarketer is going to charge the  account  holder's
 23             account;
 24             (iii) The specific account that will be charged;
 25             (iv)  The  specific  amount that the account holder's account will be
 26             charged; and
 27             (v)   The name, address and telephone number of the person  who  will
 28             be charging the account holder's account.
 29        (d)  "Charge"  means  a charge or debit, or an attempt to charge or debit,
 30        an account, if that account can be charged  without  the  express  written
 31        authorization  of  the  account  holder  to each specific charge or debit.
 32        Charge does not include a charge or debit, or  an  attempt  to  charge  or
 33        debit, a telephone service account for local or long distance telecommuni-
 34        cations services. A charge can occur by electronic or any other means.
 35        (e)  "Goods"  or  "services"  has  the  meaning  given  to them in section
 36        48-1002(3) and (8), Idaho Code, except that for purposes of  this  section
 37        these  terms  are limited to goods or services which are normally used for
 38        personal, household or family purposes.
 39        (f)  "Previously obtained account number telemarketing call" means a tele-
 40        phone call in which the telemarketer attempts  to  obtain  account  holder
 41        authorization for a current or future charge without obtaining the account
 42        number  from  the  account  holder during the call; provided however, that
 43        "previously obtained account number telemarketing call" does  not  include
                                                                        
                                           2
                                                                        
  1        the  sale of securities through a telephone call, if the telemarketer is a
  2        licensed securities agent or broker in the state of Idaho;  provided  fur-
  3        ther,  that  "previously  obtained account number telemarketing call" does
  4        not include a telephone call initiated by an account holder  during  which
  5        the  person receiving the telephone call attempts to sell, offer for sale,
  6        or otherwise induce the account holder to purchase goods  or  services  of
  7        that person.
  8        (g)  "Telemarketer"  means  any person who regularly engages in previously
  9        obtained account number telemarketing call.
 10        (2)  A telemarketer shall not charge or  cause  a  charge  to  an  account
 11    holder's  account  as  a  result  of  a  previously  obtained  account  number
 12    telemarketing  call  unless  the telemarketer has first obtained authorization
 13    from the account holder for the specific charge discussed during the call.
 14        (3)  An account holder's authorization can be in  writing  or  given  ver-
 15    bally. If the telemarketer uses written authorization, the telemarketer cannot
 16    charge  the account holder's account until the account holder's written autho-
 17    rization is received by the telemarketer.  If  the  telemarketer  uses  verbal
 18    authorization,  the authorization must be audio taped by the telemarketer, and
 19    the telemarketer must advise the account holder that his or her  authorization
 20    is  being recorded. Authorizations must be kept and maintained for a period of
 21    two (2) years and must also be made available to the account holder upon writ-
 22    ten request.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Sandy               
                                                                        
                                                     Seconded by Richardson          
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 144
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 2 of the printed bill, in line 6, delete "of"; in line  7,  delete
  3    "that   person."   and  insert:  ".  A  "previously  obtained  account  number
  4    telemarketing call" does not include a call to or from a current  customer  of
  5    the telemarketer to renew or extend, inquire about or add goods or services if
  6    the  customer has previously provided account information for billing purposes
  7    to the telemarketer and the telemarketer clearly and  conspicuously  discloses
  8    that  such renewal or extension, or additional goods or services, will be deb-
  9    ited to the same account."; in line  18,  following  "authorization,"  insert:
 10    "either   (i)";   also   in   line  18,  delete  "telemarketer,"  and  insert:
 11    "telemarketer"; in line 20, following "recorded" insert: "or (ii) the  account
 12    holder  must disclose the last four (4) digits of the account holder's account
 13    number if the telemarketer has reasonable procedures in effect to verify  that
 14    such  digits  as  provided by the account holder match the last four digits of
 15    the account to be charged"; and following line 22, insert:
 16        "(4) (a)  In the case where a telemarketer utilizes a voice response unit,
 17        whether inbound or outbound, an account holder may give  authorization  by
 18        providing the last four (4) digits of the account holder's account number,
 19        an  account  number  previously  assigned  to  the  account  holder by the
 20        telemarketer,  or  an  alternate  unique  identifier  which  enables   the
 21        telemarketer to verify or confirm the account holder's authorization; pro-
 22        vided however, that the information set forth in subsection (1)(c) of this
 23        section  must  first be clearly and conspicuously disclosed to the account
 24        holder.
 25        (b)  For purposes of this subsection, "voice response unit" means a device
 26        which allows a user to provide or obtain information from a computer  sys-
 27        tem using touch-tone input or speech input.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 144, As Amended in the Senate
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TELEPHONE SOLICITATIONS; AMENDING  CHAPTER  10,  TITLE  48,  IDAHO
  3        CODE,  BY  THE  ADDITION OF A NEW SECTION 48-1003B, IDAHO CODE, TO PROVIDE
  4        DEFINITIONS AND TO REQUIRE CONSENT TO CHARGE A CONSUMER'S ACCOUNT.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Chapter 10, Title 48, Idaho Code, be,  and  the  same  is
  7    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  8    ignated as Section 48-1003B, Idaho Code, and to read as follows:
                                                                        
  9        48-1003B.  CONSENT  REQUIRED  FOR  TELEMARKETING  CHARGES  TO   PREVIOUSLY
 10    OBTAINED ACCOUNTS. (1) As used in this section:
 11        (a)  "Account"  means a credit card, debit card, checking account, savings
 12        account, loan account, telephone service account, utility account or other
 13        similar account.
 14        (b)  "Account holder" means a consumer who owns an account, or a  consumer
 15        who has authority to cause a charge or debit to an account.
 16        (c)  "Authorization"  means an account holder providing express consent to
 17        a telemarketer or person acting on behalf of the telemarketer,  to  charge
 18        or  cause  to  be charged the account holder's account for the purchase of
 19        goods or services. Authorization is not effective until the account holder
 20        has been advised, clearly and conspicuously:
 21             (i)   That the telemarketer has the account holder's account number;
 22             (ii)  That the telemarketer is going to charge the  account  holder's
 23             account;
 24             (iii) The specific account that will be charged;
 25             (iv)  The  specific  amount that the account holder's account will be
 26             charged; and
 27             (v)   The name, address and telephone number of the person  who  will
 28             be charging the account holder's account.
 29        (d)  "Charge"  means  a charge or debit, or an attempt to charge or debit,
 30        an account, if that account can be charged  without  the  express  written
 31        authorization  of  the  account  holder  to each specific charge or debit.
 32        Charge does not include a charge or debit, or  an  attempt  to  charge  or
 33        debit, a telephone service account for local or long distance telecommuni-
 34        cations services. A charge can occur by electronic or any other means.
 35        (e)  "Goods"  or  "services"  has  the  meaning  given  to them in section
 36        48-1002(3) and (8), Idaho Code, except that for purposes of  this  section
 37        these  terms  are limited to goods or services which are normally used for
 38        personal, household or family purposes.
 39        (f)  "Previously obtained account number telemarketing call" means a tele-
 40        phone call in which the telemarketer attempts  to  obtain  account  holder
 41        authorization for a current or future charge without obtaining the account
 42        number  from  the  account  holder during the call; provided however, that
 43        "previously obtained account number telemarketing call" does  not  include
                                                                        
                                           2
                                                                        
  1        the  sale of securities through a telephone call, if the telemarketer is a
  2        licensed securities agent or broker in the state of Idaho;  provided  fur-
  3        ther,  that  "previously  obtained account number telemarketing call" does
  4        not include a telephone call initiated by an account holder  during  which
  5        the  person receiving the telephone call attempts to sell, offer for sale,
  6        or otherwise induce the account holder to purchase goods  or  services.  A
  7        "previously obtained account number telemarketing call" does not include a
  8        call to or from a current customer of the telemarketer to renew or extend,
  9        inquire about or add goods or services if the customer has previously pro-
 10        vided account information for billing purposes to the telemarketer and the
 11        telemarketer  clearly  and  conspicuously  discloses  that such renewal or
 12        extension, or additional goods or services, will be debited  to  the  same
 13        account.
 14        (g)  "Telemarketer"  means  any person who regularly engages in previously
 15        obtained account number telemarketing call.
 16        (2)  A telemarketer shall not charge or  cause  a  charge  to  an  account
 17    holder's  account  as  a  result  of  a  previously  obtained  account  number
 18    telemarketing  call  unless  the telemarketer has first obtained authorization
 19    from the account holder for the specific charge discussed during the call.
 20        (3)  An account holder's authorization can be in  writing  or  given  ver-
 21    bally. If the telemarketer uses written authorization, the telemarketer cannot
 22    charge  the account holder's account until the account holder's written autho-
 23    rization is received by the telemarketer.  If  the  telemarketer  uses  verbal
 24    authorization,  either  (i)  the  authorization  must  be  audio  taped by the
 25    telemarketer and the telemarketer must advise the account holder that  his  or
 26    her  authorization  is being recorded or (ii) the account holder must disclose
 27    the last four (4) digits  of  the  account  holder's  account  number  if  the
 28    telemarketer has reasonable procedures in effect to verify that such digits as
 29    provided by the account holder match the last four digits of the account to be
 30    charged.  Authorizations  must  be kept and maintained for a period of two (2)
 31    years and must also be made available  to  the  account  holder  upon  written
 32    request.
 33        (4) (a)  In  the case where a telemarketer utilizes a voice response unit,
 34        whether inbound or outbound, an account holder may give  authorization  by
 35        providing the last four (4) digits of the account holder's account number,
 36        an  account  number  previously  assigned  to  the  account  holder by the
 37        telemarketer,  or  an  alternate  unique  identifier  which  enables   the
 38        telemarketer to verify or confirm the account holder's authorization; pro-
 39        vided however, that the information set forth in subsection (1)(c) of this
 40        section  must  first be clearly and conspicuously disclosed to the account
 41        holder.
 42        (b)  For purposes of this subsection, "voice response unit" means a device
 43        which allows a user to provide or obtain information from a computer  sys-
 44        tem using touch-tone input or speech input.

Statement of Purpose / Fiscal Impact



                       
                                
REPRINT    REPRINT     REPRINT     REPRINT     REPRINT    REPRINT
	               STATEMENT OF PURPOSE
                             RS10818
This proposed legislation amends the Idaho Telephone Solicitation 
Act.  It addresses telephone solicitations where the telemarketer 
already has the consumerís credit card, checking account, loan 
account, utility account or other similar account information.   
In such cases, it prohibits the telemarketer from charging the 
consumerís account unless the telemarketer has first obtained 
authorization from the consumer for the specific charge discussed 
during the call.
	
                           FISCAL IMPACT

There is no fiscal impact to the general fund.  Enforcement of 
this section will be by the Office of the Attorney General, 
Consumer Protection Unit, utilizing existing resources.


Contact
Name: Rep. Smylie 
Phone: 208/332-1000






STATEMENT OF PURPOSE/FISCAL NOTE                        H 14