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H0535......................................................by STATE AFFAIRS DO-NOT-CALL LIST - Amends existing law to revise provisions and procedures relating to telephone subscriber listings on Idaho's no telephone solicitation contact list; to provide that a national Do-Not-Call Registry established by the Federal Trade Commission may serve as Idaho's no telephone solicitation contact list; to authorize the Attorney General to provide certain telephone numbers to the Federal Trade Commission; to delete reference to the deposit and use of certain fees; to revise provisions relating to violations; and to clarify an exception relating to established business relationships. 01/22 House intro - 1st rdg - to printing 01/23 Rpt prt - to St Aff 01/28 Rpt out - rec d/p - to 2nd rdg 01/29 2nd rdg - to 3rd rdg 02/02 3rd rdg - PASSED - 68-1-1 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Kulczyk Absent and excused -- Schaefer Floor Sponsor - Smylie Title apvd - to Senate 02/03 Senate intro - 1st rdg - to St Aff 02/23 Rpt out - rec d/p - to 2nd rdg 02/24 2nd rdg - to 3rd rdg 03/10 3rd rdg - PASSED - 34-0-1 AYES -- Andreason(Andreason), Bailey, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Brandt Floor Sponsor - Stegner Title apvd - to House 03/11 To enrol 03/12 Rpt enrol - Sp signed 03/15 Pres signed 03/16 To Governor 03/19 Governor signed Session Law Chapter 102 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 535 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO TELEPHONE SOLICITATION; AMENDING SECTION 48-1002, IDAHO CODE, TO 3 DEFINE A TERM; AMENDING SECTION 48-1003A, IDAHO CODE, TO REVISE PROVISIONS 4 AND PROCEDURES RELATING TO TELEPHONE SUBSCRIBER LISTINGS ON IDAHO'S NO 5 TELEPHONE SOLICITATION CONTACT LIST, TO PROVIDE THAT A NATIONAL DO-NOT- 6 CALL REGISTRY ESTABLISHED BY THE FEDERAL TRADE COMMISSION MAY SERVE AS 7 IDAHO'S NO TELEPHONE SOLICITATION CONTACT LIST, TO AUTHORIZE THE ATTORNEY 8 GENERAL TO PROVIDE CERTAIN TELEPHONE NUMBERS TO THE FEDERAL TRADE COMMIS- 9 SION, TO STRIKE REFERENCE TO THE DEPOSIT AND USE OF CERTAIN FEES, TO 10 REVISE PROVISIONS RELATING TO VIOLATIONS, TO REVISE A CODE REFERENCE AND 11 TO CLARIFY AN EXCEPTION RELATING TO ESTABLISHED BUSINESS RELATIONSHIPS; 12 AND AMENDING SECTION 48-1003B, IDAHO CODE, TO REVISE CODE REFERENCES AND 13 TO MAKE A TECHNICAL CORRECTION. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 48-1002, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 48-1002. DEFINITIONS. In this chapter: 18 (1) "Business days" means all days of the week except Saturdays and Sun- 19 days and all other legal holidays as defined in section 73-108, Idaho Code. 20 (2) "Conducting business" means making telephone solicitations either to 21 or from locations within the state of Idaho. 22 (3) "Established business relationship" means a relationship that: 23 (a) Was formed, prior to a telephone solicitation, through a voluntary, 24 two-way communication between a seller or telephone solicitor and a resi- 25 dential subscriber, with or without consideration, on the basis of an 26 application, purchase, ongoing contractual agreement, or commercial trans- 27 action between the parties regarding products or services offered by such 28 seller or telephone solicitor; 29 (b) Has not been previously terminated by either party; and 30 (c) Currently exists or has existed within the immediately preceding 31 eighteen (18) months. 32 (4) "Goods" means any property, tangible or intangible, real, personal or 33 mixed, and any other article, commodity, or thing of value. 34 ( 45) "Minor" means any person less than eighteen (18) years of age. 35 ( 56) "Newspaper of general circulation" means a newspaper which holds a 36 second class mailing permit from the United States postal service, has at 37 least two hundred (200) subscribers, is made up of at least four (4) pages of 38 at least five (5) columns, is not produced through any type of mimeographing 39 process, and has been published or distributed within the state of Idaho on a 40 weekly basis for at least seventy-eight (78) consecutive weeks, or on a daily 41 basis, which is defined to be no less than five (5) days of any one (1) week, 42 at least twelve (12) months immediately preceding any telephone solicitation 43 done by or on behalf of such newspaper. 2 1 ( 67) "Person" means natural persons, partnerships, both limited and gen- 2 eral, corporations, both foreign and domestic, companies, trusts, business 3 entities, associations, both incorporated and unincorporated, and any other 4 legal entity or any group associated in fact although not a legal entity, or 5 any agent, assign, heir, servant, employee or representative thereof. 6 ( 78) "Purchaser" means a person who is solicited to become or does become 7 obligated to a telephone solicitor. 8 ( 89) "Services" means any work, labor, help, assistance or instruction 9 wherever provided or performed. 10 ( 910) "Telephone directory of general circulation" means a directory con- 11 taining telephone numbers of individual residents and/or businesses which is 12 published on a community-wide or regional basis and which is widely available 13 to persons residing in such community or region through free distribution or 14 direct purchase of said directory without the requirement of other purchases 15 or affiliations. 16 (1 01) "Telephone solicitation" means: 17 (a) Any unsolicited telephone call to a purchaser for the purpose of ask- 18 ing, inducing, inviting, requesting, or encouraging the purchaser to pur- 19 chase or invest in goods or services during the course of a telephone 20 call; or 21 (b) Any communication in which: 22 (i) A free gift, award, or prize is offered, or in which it is rep- 23 resented or implied that goods or services are offered below the reg- 24 ular price of the goods or services; and 25 (ii) A return telephone call is invited or the communication is fol- 26 lowed up by a call to the purchaser by the telephone solicitor; and 27 (iii) It is intended during the course of the return or follow-up 28 call with the purchaser that an agreement to purchase, or a purchase 29 be made. 30 (c) For purposes of this subsection, "communication" means a written or 31 oral statement or notification or advertisement transmitted to the pur- 32 chaser through any means. 33 (1 12) "Telephone solicitor" means any person who, on his own behalf or 34 through other persons or through use of an automatic dialing-announcing 35 device, engages in a telephone solicitation. 36 (1 23) "Unsolicited advertisement" means any advertisement offering goods 37 or services which is transmitted to any person without that person's prior 38 express invitation or permission unless an established business relationship 39 exists between the sender and recipient which has not been terminated by 40 either party. 41 (1 34) "Written confirmation" means a writing that includes the following 42 information: the date of purchase, the telephone solicitor's complete address 43 and registration number, a listing of all goods and/or services purchased, a 44 listing of the price of each good and/or service purchased, the total obliga- 45 tion incurred by the purchaser, and the notice of cancellation as set forth in 46 subsection (2) of section 48-1004, Idaho Code. 47 SECTION 2. That Section 48-1003A, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 48-1003A. NO TELEPHONE SOLICITATION CONTACT LIST. 50 (1) (a) Any Idaho residential, mobile or telephonic paging device tele- 51 phone subscriber desiring to be placed on athe Idaho "no telephone solic- 52 itation contact" list, indicating that the subscriber does not wish to 53 receive telephone solicitations, may be placed upon such list by notifying3 1 the attorney general in writing and paying the attorney general an initial2 list fee, which the attorney general may assess in an amount up to ten3 dollars ($10.00) per subscriber. The subscriber's notice shall be in a4 formthrough a procedure approved by the attorney general. The5 subscriber's listing shall be for a period of up to three (3) years, and6 may be renewed by the attorney general for additional periods of up to7 three (3) years each, if the subscriber requests renewal and pays a8 renewal list fee, which the attorney general may assess in an amount up to9 five dollars ($5.00) per renewal.10 (b) The first "no telephone solicitation contact" list shall be published11 on or before June 30, 2001. The attorney general shall thereafter update12 his "no telephone solicitation contact" list quarterly and provide this13 list to telephone solicitors upon request and receipt of a list distribu-14 tion fee, which the attorney general may charge in an amount up to twenty-15 five dollars ($25.00) per listNotwithstanding any other provision of this 16 chapter, a national "do-not-call" registry established and maintained by 17 the federal trade commission, pursuant to 16 CFR 310.4(b)(1)(iii)(B), may 18 serve as the Idaho "no telephone solicitation contact" list provided by 19 this chapter. The attorney general may provide to the federal trade com- 20 mission, for inclusion in the national "do-not-call" registry, the tele- 21 phone numbers of Idaho residents that are on the Idaho "no telephone 22 solicitation contact" list. 23 (c) All fees imposed pursuant to this section shall be deposited in the24 consumer protection account and shall be used for the furtherance of the25 attorney general's duties and activities under this section.26 (2) Within thirty (30) days after a new "no telephone solicitation con-27 tact" list has been published by the attorney general, noIt is a violation of 28 this chapter for a telephone solicitor shallto make or cause to be made any 29 telephone solicitation, as defined by section 48-1002(1 01)(a), Idaho Code, to 30 any telephone number which is assigned by a telephone company to a personan 31 Idaho resident listed on the Idaho "no telephone solicitation contact" list as32 appears in the then current quarterly listing published by the attorney gen-33 eralwhen that telephone number has been on such list for at least three (3) 34 months prior to the date the telephone solicitation is made. 35 (3) Section 48-1006, Idaho Code, notwithstanding, any violation of this 36 section shall subject the person violating the terms of this section to a 37 civil penalty, to be imposed by the district court, as follows: for the first 38 violation, not to exceed five hundred dollars ($500); for the second viola- 39 tion, not to exceed two thousand five hundred dollars ($2,500); for the third 40 and subsequent violations, not to exceed five thousand dollars ($5,000) per 41 violation. Penalties received under this section shall be expended pursuant to 42 legislative appropriation. 43 (4) This section is not applicable to telephone solicitations: 44 (a) To a telephone subscriber's commercial or business telephone number; 45 (b) (i) Where an established business relationship exists, as defined 46 in subsection (3) of section 48-1002, Idaho Code, between the tele- 47 phone solicitor and the telephone subscriber; provided however, the 48 established and existing business relationship exception shall not 49 apply between a telephone company and a telephone subscriber under 50 this section unless the telephone subscriber shall have previously 51 consented to receive a telephone solicitation from such company or 52 its agent; 53 (ii) For purposes of this section, "telephone company" means a per- 54 son providing telecommunications services to the public, or any seg- 55 ment thereof, for compensation, by wire, cable, radio, lightwaves, 4 1 cellular signal or other means. "Telecommunications services" means 2 the conveyance of voice, data, sign, signal, writing, sound, messages 3 or other information at any frequency over any part of the 4 electromagnetic spectrum; 5 (c) By a minor seeking to sell a good or service, pursuant to a telephone 6 solicitation, for a charitable purpose or organization. 7 (5) The attorney general shall advise telephone subscribers who register 8 with his office under this section of all self-help measures available to them 9 to reduce unwanted telephone solicitations. 10 SECTION 3. That Section 48-1003B, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 48-1003B. CONSENT REQUIRED FOR TELEMARKETING CHARGES TO PREVIOUSLY 13 OBTAINED ACCOUNTS. (1) As used in this section: 14 (a) "Account" means a credit card, debit card, checking account, savings 15 account, loan account, telephone service account, utility account or other 16 similar account. 17 (b) "Account holder" means a consumer who owns an account, or a consumer 18 who has authority to cause a charge or debit to an account. 19 (c) "Authorization" means an account holder providing express consent to 20 a telemarketer or person acting on behalf of the telemarketer, to charge 21 or cause to be charged the account holder's account for the purchase of 22 goods or services. Authorization is not effective until the account holder 23 has been advised, clearly and conspicuously: 24 (i) That the telemarketer has the account holder's account number; 25 (ii) That the telemarketer is going to charge the account holder's 26 account; 27 (iii) The specific account that will be charged; 28 (iv) The specific amount that the account holder's account will be 29 charged; and 30 (v) The name, address and telephone number of the person who will 31 be charging the account holder's account. 32 (d) "Charge" means a charge or debit, or an attempt to charge or debit, 33 an account, if that account can be charged without the express written 34 authorization of the account holder to each specific charge or debit. 35 Charge does not include a charge or debit, or an attempt to charge or 36 debit, a telephone service account for local or long distance telecommuni- 37 cations services. A charge can occur by electronic or any other means. 38 (e) "Goods" or "services" has the meaning given to them in section 39 48-1002( 34) and ( 89), Idaho Code, except that for purposes of this section 40 these terms are limited to goods or services which are normally used for 41 personal, household or family purposes. 42 (f) "Previously obtained account number telemarketing call" means a tele- 43 phone call in which the telemarketer attempts to obtain account holder 44 authorization for a current or future charge without obtaining the account 45 number from the account holder during the call; provided however, that 46 "previously obtained account number telemarketing call" does not include 47 the sale of securities through a telephone call, if the telemarketer is a 48 licensed securities agent or broker in the state of Idaho; provided fur- 49 ther, that "previously obtained account number telemarketing call" does 50 not include a telephone call initiated by an account holder during which 51 the person receiving the telephone call attempts to sell, offer for sale, 52 or otherwise induce the account holder to purchase goods or services. A 53 "previously obtained account number telemarketing call" does not include a 5 1 call to or from a current customer of the telemarketer to renew or extend, 2 inquire about or add goods or services if the customer has previously pro- 3 vided account information for billing purposes to the telemarketer and the 4 telemarketer clearly and conspicuously discloses that such renewal or 5 extension, or additional goods or services, will be debited to the same 6 account. 7 (g) "Telemarketer" means any person who regularly engages in a previously 8 obtained account number telemarketing call. 9 (2) A telemarketer shall not charge or cause a charge to an account 10 holder's account as a result of a previously obtained account number 11 telemarketing call unless the telemarketer has first obtained authorization 12 from the account holder for the specific charge discussed during the call. 13 (3) An account holder's authorization can be in writing or given ver- 14 bally. If the telemarketer uses written authorization, the telemarketer cannot 15 charge the account holder's account until the account holder's written autho- 16 rization is received by the telemarketer. If the telemarketer uses verbal 17 authorization, either (i) the authorization must be audio taped by the 18 telemarketer and the telemarketer must advise the account holder that his or 19 her authorization is being recorded or (ii) the account holder must disclose 20 the last four (4) digits of the account holder's account number if the 21 telemarketer has reasonable procedures in effect to verify that such digits as 22 provided by the account holder match the last four digits of the account to be 23 charged. Authorizations must be kept and maintained for a period of two (2) 24 years and must also be made available to the account holder upon written 25 request. 26 (4) (a) In the case where a telemarketer utilizes a voice response unit, 27 whether inbound or outbound, an account holder may give authorization by 28 providing the last four (4) digits of the account holder's account number, 29 an account number previously assigned to the account holder by the 30 telemarketer, or an alternate unique identifier which enables the 31 telemarketer to verify or confirm the account holder's authorization; pro- 32 vided however, that the information set forth in subsection (1)(c) of this 33 section must first be clearly and conspicuously disclosed to the account 34 holder. 35 (b) For purposes of this subsection, "voice response unit" means a device 36 which allows a user to provide or obtain information from a computer sys- 37 tem using touch-tone input or speech input.
STATEMENT OF PURPOSE RS 13552C1 This proposed legislation is necessary to bring Idaho's Do Not Call List law into conformance with recently enacted federal regulations, and to allow for Idaho's Do Not Call List law to continue to be enforced and implemented. This legislation will authorize the Attorney General to transmit those telephone numbers on the Idaho Do No Call list to the National Do Not Call Registry and to utilize the National Do Not Call Registry as the Idaho Do Not Call List. The legislation also eliminates all fees previously charged for registering a number on the Idaho Do No Call List. FISCAL IMPACT There is no fiscal impact to the general fund. In fact, enactment of this bill should save the State money because there will be less expense related to registering numbers on the Idaho Do Not Call list. Contact Name: Brett DeLange, Office of the Attorney General William von Tagen Phone: 208/334-4114 STATEMENT OF PURPOSE/FISCAL NOTE H 535