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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
|||| 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.
|||| 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.".
|||| 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.
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 consumer’s credit card, checking account, loan
account, utility account or other similar account information.
In such cases, it prohibits the telemarketer from charging the
consumer’s 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