Print Friendly HOUSE BILL NO. 686 – No call list, business relationship
HOUSE BILL NO. 686
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H0686......................................................by STATE AFFAIRS
NO CALL LIST - Amends existing law to clarify when an established business
relationship exists under the "no telephone solicitation contact" list.
02/26 House intro - 1st rdg - to printing
02/27 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 686
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE NO TELEPHONE SOLICITATION CONTACT LIST; AMENDING SECTION
3 48-1003A, IDAHO CODE, TO PROVIDE INSTANCES WHEN PENALTIES SHALL NOT APPLY
4 AND TO CLARIFY WHEN AN ESTABLISHED BUSINESS RELATIONSHIP EXISTS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 48-1003A, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 48-1003A. NO TELEPHONE SOLICITATION CONTACT LIST.
9 (1) (a) Any residential, mobile or telephonic paging device telephone
10 subscriber desiring to be placed on a "no telephone solicitation contact"
11 list, indicating that the subscriber does not wish to receive telephone
12 solicitations, may be placed upon such list by notifying the attorney gen-
13 eral in writing and paying the attorney general an initial list fee, which
14 the attorney general may assess in an amount up to ten dollars ($10.00)
15 per subscriber. The subscriber's notice shall be in a form approved by the
16 attorney general. The subscriber's listing shall be for a period of up to
17 three (3) years, and may be renewed by the attorney general for additional
18 periods of up to three (3) years each, if the subscriber requests renewal
19 and pays a renewal list fee, which the attorney general may assess in an
20 amount up to five dollars ($5.00) per renewal.
21 (b) The first "no telephone solicitation contact" list shall be published
22 on or before June 30, 2001. The attorney general shall thereafter update
23 his "no telephone solicitation contact" list quarterly and provide this
24 list to telephone solicitors upon request and receipt of a list distribu-
25 tion fee, which the attorney general may charge in an amount up to twenty-
26 five dollars ($25.00) per list.
27 (c) All fees imposed pursuant to this section shall be deposited in the
28 consumer protection account and shall be used for the furtherance of the
29 attorney general's duties and activities under this section.
30 (2) Within thirty (30) days after a new "no telephone solicitation con-
31 tact" list has been published by the attorney general, no telephone solicitor
32 shall make or cause to be made any telephone solicitation, as defined by sec-
33 tion 48-1002(10)(a), Idaho Code, to any telephone number which is assigned by
34 a telephone company to a person listed on the "no telephone solicitation con-
35 tact" list as appears in the then current quarterly listing published by the
36 attorney general.
37 (3) Section 48-1006, Idaho Code, notwithstanding, any violation of this
38 section shall subject the person violating the terms of this section to a
39 civil penalty, to be imposed by the district court, as follows: for the first
40 violation, not to exceed five hundred dollars ($500); for the second viola-
41 tion, not to exceed two thousand five hundred dollars ($2,500); for the third
42 and subsequent violations, not to exceed five thousand dollars ($5,000) per
43 violation. Penalties received under this section shall be expended pursuant to
1 legislative appropriation.
2 (4) This section is not applicable to telephone solicitations:
3 (a) To a telephone subscriber's commercial or business telephone number;
4 (b) (i) Where an established business relationship exists between the
5 telephone solicitor and the telephone subscriber; provided however,
6 the established and existing business relationship exception shall
7 not apply between a telephone company and a telephone subscriber
8 under this section unless the telephone subscriber shall have previ-
9 ously consented to receive a telephone solicitation from such company
10 or its agent;
11 (ii) For purposes of this section, "telephone company" means a per-
12 son providing telecommunications services to the public, or any seg-
13 ment thereof, for compensation, by wire, cable, radio, lightwaves,
14 cellular signal or other means. "Telecommunications services" means
15 the conveyance of voice, data, sign, signal, writing, sound, messages
16 or other information at any frequency over any part of the
17 electromagnetic spectrum. An "established business relationship" is
18 deemed to exist for sixty (60) days after the telephone subscriber
19 has purchased goods or services from the telephone solicitor, or for
20 sixty (60) days after the goods or services that were purchased are
22 (c) By a minor seeking to sell a good or service, pursuant to a telephone
23 solicitation, for a charitable purpose or organization.
24 (5) The attorney general shall advise telephone subscribers who register
25 with his office under this section of all self-help measures available to them
26 to reduce unwanted telephone solicitations.
STATEMENT OF PURPOSE
The Idaho Telephone Solicitation Act provides that a telephone
solicitor may solicit a person on the Attorney General s no-call
list if an "established business relationship exists" between the
telephone solicitor (or the person on whose behalf the solicitor
is calling) and the telephone subscriber. This amendment provides
that an "established business relationship exists" between a
solicitor and subscriber if the subscriber has purchased goods or
services from the solicitor (or the person on whose behalf the
solicitor is calling) within 60 days prior to a subsequent
Name: Rep. Bill Deal
STATEMENT OF PURPOSE/FISCAL NOTE H 686