Report Title:
Telemarketing; Do-Not-Call Registry
Description:
Establishes a do-not-call registry of consumers who do not wish to receive telephone calls from sellers and telephone solicitors. Requires the Department of the Attorney General to establish, administer, and maintain the do-not-call registry. Allows the Department of the Attorney General to contract with a nonprofit organization to administer and maintain the list. Provides that it is a violation of law for any seller or telephone solicitor to call a consumer listed on the do-not-call registry.
THE SENATE |
S.B. NO. |
785 |
TWENTY-SECOND LEGISLATURE, 2003 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to telemarketing.
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- Do-not-call registry; established; prohibition. (a) The department of the attorney general shall establish, administer, and maintain a current registry of consumers in the State that have:
(1) Contacted the department of the attorney general; and
(2) Requested to not receive telephone calls from a seller or telephone solicitor.
(b) The department of the attorney general may contract with a nonprofit organization to assist in fulfilling its duties under this section."
SECTION 2. Section 481P-3, Hawaii Revised Statutes, is amended to read as follows:
"[[]§481P-3[]] Abusive telemarketing acts or practices. It is an abusive telemarketing act or practice and a violation of this chapter for any seller or telephone solicitor to engage in the following conduct:
(1) Threaten, intimidate, or use profane or obscene language;
(2) Request a fee to remove derogatory information from or improve a consumer's credit history or credit record until:
(A) The time frame in which the seller or telephone solicitor has represented that all of the goods or services will be provided to that consumer has expired; and
(B) The seller or telephone solicitor has provided the consumer with documentation in the form of a credit report from a credit reporting agency demonstrating that the promised results have been achieved, the report having been issued more than six months after the results were achieved. Nothing in this chapter should be construed to affect the requirement of the Fair Credit Reporting Act, 15 U.S.C. 1681b, that a consumer report may only be obtained for a specified permissible purpose;
(3) Request or receive payment from a consumer to recover or otherwise aid in the return of money or any other item lost by the consumer in a telemarketing transaction, until seven business days after the money or other item is delivered to the consumer;
(4) Request or actually receive payment of any fee in advance of obtaining a loan or other extension of credit when a high likelihood of success has been represented to the consumer by the seller or telephone solicitor;
(5) Cause the telephone to ring more than ten times in an outbound telephone call;
(6) Engage any consumer repeatedly or continuously with behavior a reasonable person would deem to be annoying, abusive, or harassing;
(7) Initiate an outbound telephone call to a consumer, when the person has stated previously that the consumer does not wish to receive telephone calls from that seller or telephone solicitor; provided that the seller or telephone solicitor will not be liable for violating this paragraph if:
(A) It has established and implemented written procedures to comply with this paragraph, which procedures shall meet the minimum standards set forth in 47 C.F.R. 64.1200(e)(2);
(B) It has trained its personnel in the procedures established pursuant to subparagraph (A);
(C) The seller, or telephone solicitor acting on behalf of the seller, has maintained and recorded lists of persons who may not be contacted in compliance with this paragraph; and
(D) The call is the result of error;
(8) Initiate an outbound telephone call to a consumer's residence at any time other than between 8:00 a.m. and 9:00 p.m. local time at the location of the consumer called[.]; or
(9) Initiate an outbound telephone call to a consumer listed on the do-not-call registry established under section 481P- ."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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