A Monthly Review of Issues Affecting Commercial Telemarketing by Copilevitz & Canter, LLC, Attorneys at Law

April, 2001

DELAWARE
The Delaware Senate is considering a bill which would require a telemarketer to disclose his or her name and own-home telephone number to called parties. Although laughable, legislation of this sort shows the mind set of some legislators.

FLORIDA
The Florida House is considering a bill which would remove enforcing authority for the state's commercial telemarketing law from the Department of Agriculture and Consumer Services and vest it with the state attorneys' offices. Additionally, the law would end the state's registration requirement but would require that certain commercial telemarketers still maintain a bond to guarantee compliance with the state's law.

GEORGIA
A jury has decided in the plaintiffs' favor in a class action brought against a restaurant which allegedly broadcast fax advertisements in violation of the Telephone Consumer Protection Act. It is imperative that you review your compliance with the TCPA to ensure that you do not become subject to a similar action.

IDAHO
The Idaho House is considering a bill which would restrict how telemarketers bill consumers for charges on credit cards when the telemarketer has previously obtained the account holder's charge account information. The bill would require that telemarketers obtain explicit permission either orally or in writing.

ILLINOIS
The Illinois House is considering a bill which would create a registration requirement for commercial telemarketers in the state. The bill

would require a bond of $100,000 but contains most of the standard exemptions found in other states' registration laws. The bill would also require that telemarketers disclose the identity of the caller, that the purpose of the call is to sell goods or services, and the nature of the goods or services.

IOWA
The Iowa House is considering a bill which would require the disclosure of certain information during political telephone calls which solicit contributions or which promote or oppose a candidate or ballot issue. Restrictions applicable to this type of calling are extremely unlikely to pass constitutional review under the First Amendment.

The State of Iowa is considering a bill which would regulate the use of recordings to deliver messages to consumers. The bill would require that callers identify the name of the caller as well the telephone number of a person whom the consumer may call to request that no further calls be placed to that number.

The Iowa Senate is considering a bill which would ban the intrastate use of recordings to deliver messages to consumers, entirely.

The State of Iowa is also considering a bill which would create a state "do-not-call" list.

KENTUCKY
The Kentucky Senate has adopted a resolution which would urge Congress to allow states to assert jurisdiction over interstate calls. As the bill states, current legislative history and other documents support the argument that states do have jurisdiction over interstate calls.

This bill is a very clear indication of support of the legal opinion that states do not have such jurisdiction. Please contact me if you would like to discuss this preemption issue further.

LOUISIANA
The Louisiana Senate is considering a bill which would create a state "do-not-call" list.

MARYLAND
The State of Maryland is considering a bill which would prevent intentional blocking of caller i.d. devices.

MICHIGAN
The Michigan House is considering a bill which would create a state "do-not-call" list which will be made available to telemarketers for a $500 fee.

NEBRASKA
Nebraska has passed a law amending its Telemarketing and Prize Promotions Act prohibiting sellers from requesting or accepting any payment from an individual prior to the receipt of a prize.

A large member services company has agreed to clarify disclosures it makes in telemarketing scripts to consumers. The company agreed to include specific language which makes it clear to consumers when they will be charged for product

orders and will notify them by mail regarding membership renewals. The agreement also involved a payment of $25,000.

NEVADA
The Nevada General Assembly is considering a bill which would prohibit several practices by telemarketers including calling before the hour of 9:00 a.m. or after the hour of 9:00 p.m., or intentionally blocking consumer caller i.d. devices.

TEXAS
Texas Legislature is considering enacting a bill entitled the "Texas Telemarketing Disclosure and Privacy Act." The bill would prohibit blocking caller i.d. devices and would establish a state "do-not-call" list. Additionally, the bill would require that facsimile solicitations contain certain disclosures.

WEST VIRGINIA
The West Virginia House is considering a bill which would amend the state's telemarketing law to create a state "do-not-call" list.

WISCONSIN
The Wisconsin Senate is considering a bill which would create a state "do-not-call" list.

The authors make every attempt to provide current, accurate information, but Telemarketing ConnectionS® is not intended to be a substitute for legal counsel, and readers should not use it in lieu of obtaining knowledgeable legal, or other professional, counsel expert in the field of commercial telemarketing law. References in Telemarketing ConnectionS® do not constitute endorsement by Copilevitz & Canter, L.L.C. or Telemarketing ConnectionS®. April 1, 2001, Copilevitz & Canter, L.L.C.