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S. 1662 (is) To grant the President authority to proclaim the elimination or staged rate reduction of duties on certain environmental goods. [Introduced in Senate] ...
108th CONGRESS 1st Session S. 1661 To require the Federal Trade Commission to establish a list of consumers who request not to receive telephone sales calls. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES September 25, 2003 Mr. Dodd introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To require the Federal Trade Commission to establish a list of consumers who request not to receive telephone sales calls. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Telemarketing Intrusive Practices Act of 2003''. SEC. 2. DEFINITIONS. In this Act: (1) Caller identification service or device.--The term ``caller identification service or device'' means a telephone service or device that permits a consumer to see the telephone number of an incoming call. (2) Chairman.--The term ``Chairman'' means the Chairman of the Federal Trade Commission. (3) Commission.--The term ``Commission'' means the Federal Trade Commission. (4) Consumer.--The term ``consumer'' means an individual who is an actual or prospective purchaser, lessee, or recipient of consumer goods or services. (5) Consumer goods or services.--The term ``consumer good or service'' means an article or service that is purchased, leased, exchanged, or received primarily for personal, family, or household purposes, including stocks, bonds, mutual funds, annuities, credit cards, and other financial products. (6) Marketing or sales solicitation.-- (A) In general.--The term ``marketing or sales solicitation'' means the initiation of a telephone call or message to encourage the purchase of, rental of, or investment in, property, goods, or services, that is transmitted to a person. (B) Exception.--The term does not include a call or message-- (i) to a person with the prior express invitation or permission of that person; (ii) by a tax-exempt nonprofit organization; (iii) on behalf of a political candidate or political party; or (iv) to promote the success or defeat of a referendum question. (7) State.--The term ``State'' means each of the several States of the United States and the District of Columbia. (8) Telephone sales call.-- (A) In general.--The term ``telephone sales call'' means a call made by a telephone solicitor to a consumer for the purpose of-- (i) engaging in a marketing or sales solicitation, including a solicitation for a new consumer good or service where the consumer and the telephone solicitor had a prior relationship; (ii) soliciting an extension of credit for consumer goods or services; or (iii) obtaining information that will or may be used for the direct marketing or sales solicitation or exchange of or extension of credit for consumer goods or services. (B) Exception.--The term does not include a call made-- (i) in response to an express request of the person called; or (ii) primarily in connection with an existing debt or contract, payment, or performance that has not been completed at the time of the call. (9) Telephone solicitor.--The term ``telephone solicitor'' means an individual, association, corporation, partnership, limited partnership, limited liability company or other business entity, or a subsidiary or affiliate thereof, that does business in the United States and makes or causes to be made a telephone sales call. SEC. 3. FEDERAL TRADE COMMISSION NO CALL LIST. (a) In General.--The Commission shall-- (1) establish and maintain a list for each State, of consumers who request not to receive telephone sales calls; and (2) provide notice to consumers of the establishment of the lists. (b) State Contract.--The Commission may contract with a State to establish and maintain the lists. (c) Private Contract.--The Commission may contract with a private vendor to establish and maintain the lists if the private vendor has maintained a national listing of consumers who request not to receive telephone sales calls, for not less than 2 years, or is otherwise determined by the Commission to be qualified. (d) Consumer Responsibility.-- (1) Inclusion on list.--Except as provided in subsection (d)(2), a consumer who wishes to be included on a list established under subsection (a) shall notify the Commission in such manner as the Chairman may prescribe to maximize the consumer's opportunity to be included on that list. (2) Deletion from list.--Information about a consumer shall be deleted from a list upon the written request of the consumer. (e) Update.--The Commission shall-- (1) update the lists maintained by the Commission not less than quarterly with information the Commission receives from consumers; and (2) annually request a no call list from each State that maintains a no call list and update the lists maintained by the Commission at that time to ensure that the lists maintained by the Commission contain the same information contained in the no call lists maintained by individual States. (f) Fees.--The Commission may charge a reasonable fee for providing a list. (g) Availability.-- (1) In general.--The Commission shall make a list available only to a telephone solicitor. (2) Format.--The list shall be made available in printed or electronic format, or both, at the discretion of the Chairman. SEC. 4. TELEPHONE SOLICITOR NO CALL LIST. (a) In General.--A telephone solicitor shall maintain a list of consumers who request not to receive telephone sales calls from that particular telephone solicitor. (b) Procedure.--If a consumer receives a telephone sales call and requests to be placed on the do not call list of that telephone solicitor, the solicitor shall-- (1) place the consumer on the no call list of the solicitor; and (2) provide the consumer with a confirmation number which shall provide confirmation of the request of the consumer to be placed on the no call list of that telephone solicitor. SEC. 5. TELEPHONE SOLICITATIONS. (a) Telephone Sales Call.--A telephone solicitor may not make or cause to be made a telephone sales call to a consumer-- (1) if the name and telephone number of the consumer appear in the then current quarterly lists made available by the Commission under section 3; (2) if the consumer previously requested to be placed on the do not call list of the telephone solicitor pursuant to section 4; (3) to be received between the hours of nine o'clock p.m. and nine o'clock a.m. and between five o'clock p.m. and seven o'clock p.m., local time, at the location of the consumer; (4) in the form of an electronically transmitted facsimile; or (5) by use of an automated dialing or recorded message device. (b) Caller Identification Device.--A telephone solicitor shall not knowingly use any method to block or otherwise circumvent the use of a caller identification service or device by a consumer. (c) Sale of Consumer Information to Telephone Solicitors.-- (1) In general.--A person who obtains the name, residential address, or telephone number of a consumer from a published telephone directory or from any other source and republishes or compiles that information, electronically or otherwise, and sells or offers to sell that publication or compilation to a telephone solicitor for marketing or sales solicitation purposes, shall exclude from that publication or compilation, and from the database used to prepare that publication or compilation, the name, address, and telephone number of a consumer if the name and telephone number of the consumer appear in the then current quarterly list made available by the Commission under section 3. (2) Exception.--This subsection does not apply to a publisher of a telephone directory when a consumer is called for the sole purpose of compiling, publishing, or distributing a telephone directory intended for use by the general public. SEC. 6. REGULATIONS. The Chairman may adopt regulations to carry out this Act that shall include-- (1) provisions governing the availability and distribution of the lists established under section 3; (2) notice requirements for a consumer who requests to be included on the lists established under section 3; and (3) a schedule for the payment of fees to be paid by a person who requests a list made available under section 3. SEC. 7. CIVIL CAUSE OF ACTION. (a) Action by Commission.-- (1) Unfair or deceptive trade practice.--A violation of section 4 or 5 is an unfair or deceptive trade practice under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Cumulative damages.--In a civil action brought by the Commission under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to recover damages arising from more than one alleged violation, the damages shall be cumulative. (b) Private Right of Action.-- (1) In general.--A person or entity may, if otherwise permitted by the laws or the rules of court of a State, bring in an appropriate court of that State-- (A) an action based on a violation of section 4, 5, or 6 to enjoin the violation; (B) an action to recover for actual monetary loss from a violation of section 4, 5, or 6, or to receive $500 in damages for each violation, whichever is greater; or (C) an action under paragraphs (1) and (2). (2) Willful violation.--If the court finds that the defendant willfully or knowingly violated section 4, 5, or 6, the court may, in the discretion of the court, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (1)(B) of this subsection and to include reasonable attorney's fees. SEC. 8. EFFECT ON STATE LAW. Nothing in this Act shall be construed to prohibit a State from enacting or enforcing more stringent legislation in the regulation of telephone solicitors. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out the provisions of this Act. <all>
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