Report Title:

Telephone solicitation

Description:

Provides for a new section to Chapter 481P, Telemarketing Fraud Prevention Act, establishing limitations on, and penalties for, making unwanted telephone solicitations.

HOUSE OF REPRESENTATIVES

H.B. NO.

505

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to telephone solicitation.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 481P, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§481P-A Prohibition of solicitation from current list. (a) A seller shall not engage in the telephone solicitation of a consumer or purchaser at a telephone number included on the then current list published by the administrator of the telephone solicitation program established by this Act.

(b) For purposes of this section, 'telephone solicitation' does not include a seller soliciting business from prospective purchasers who have, since the most current database of consumers, purchased from the seller making the telephone solicitation.

(c) The Attorney General, in cooperation with the Department of Commerce and Consumer Affairs, shall advertise for bids and enter into a contract with a person to act as the administrator of the telephone solicitation program as described in this Act. The contract may include any provision that the Attorney General determines is in the public interest.

(d) The administrator referred to in this section shall create, maintain and distribute a database containing a list of telephone numbers of parties who do not wish to receive any telephone solicitation at the listed numbers. Beginning on the date specified in the contract between the administrator and the Attorney General and at least once per month thereafter, the administrator shall update the list by:

(1) Adding the numbers of parties who have filed notice and paid the fee as required in this section; and

(2) Removing the numbers of those parties who have requested that their numbers be removed or whose listing has expired without renewal.

(3) A party may file notice together with a fee of $10 per listed number, or such lesser amount as may be specified in the contract, with the administrator indicating the party's desire to place telephone numbers on the list described in this section. The notice shall be filed in the form and manner specified in the contract between the administrator and the Attorney General. The notice shall be effective for the calendar year in which it is filed and may be renewed by the filing and payment of an additional notice and fee as specified in the contract.

(e) The administrator shall not furnish the list or any information about a party to any person, except follows and/or allowed by statute:

(1) Upon request of the Attorney General for the purpose of enforcing this Chapter, the administrator shall furnish the Attorney General with all information requested by the Attorney General concerning a party or any person who the Attorney General believes has engaged in a solicitation prohibited by this Chapter. The administrator shall not charge any fee for furnishing the information to the Attorney General.

(2) Upon request of any party who has filed a notice and paid the fee as provided in subsection (d)(2) of this section, the administrator shall furnish the party with all information requested by that party concerning the party or any person who the party believes has engaged in a solicitation prohibited by this section. The administrator shall not charge any fee for furnishing the information to the party.

(3) The administrator shall comply with any lawful subpoena or court order directing disclosure of the list and of any other information in its possession.

(4) The administrator shall provide all information that may be requested by any successor administrator who may be selected by the Attorney General. The administrator shall not charge any fee for furnishing the information to the successor administrator.

(5) The administrator shall promptly forward any complaints concerning alleged violations of this section to the Attorney General.

(f) In the manner to be provided, the Attorney General may adopt rules relating to any aspect of the establishment, operation or administration of the telephone solicitation program established under this Act.

(g) Penalties for acts contrary to this section shall include a maximum fine of $100, for each established infraction, and denial of right to conduct telephone solicitation in the State of Hawaii for ten or more established infractions in a one-month period."

SECTION 2. New statutory material is underscored.

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 6. This Act shall take effect upon approval.

 

INTRODUCED BY:

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