92nd General Assembly
Summary of HB0570
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House Sponsors:
FRANKS-MCKEON-CURRY,JULIE-FRITCHEY.

Short description: 
TELEMARKETING REGISTRATION ACT                                             

Synopsis of Bill as introduced:
        Creates the Telemarketing Registration and Fraud Prevention  Act.      
   Requires telemarketers to register with the Attorney General, obtain a      
   surety   bond,   and   maintain  certain  business  records.  Requires      
   telemarketers to disclose certain information promptly and in a  clear      
   and  conspicuous  manner during a telephone solicitation. Requires the      
   telemarketer, within 10 days of a telemarketing sale, to  furnish  the      
   consumer with written confirmation of the telemarketing sale. Provides      
   that  it  is an unlawful act or practice and a violation of the Act to      
   call  a  person  on  a  do  not  call  list.  Itemizes  actions  of  a      
   telemarketer that are unlawful and abusive and a violation of the Act.      
   Provides that the Attorney General may enforce violations of  the  Act      
   as  an  unlawful  practice  under  the  Consumer  Fraud  and Deceptive      
   Business Practices Act (and amends the Consumer  Fraud  and  Deceptive      
   Business  Practices  Act  by adding a cross-reference to the new Act).      
   Provides for criminal penalties for violations of certain  provisions.      
   Provides  for  a  private  right of action for a violation of the Act.      
   Authorizes the Attorney General to promulgate rules to  implement  the      
   Act. Creates the Attorney General Telemarketing Fraud Enforcement Fund      
   to  be  funded  by  registration  fees  and  used  for administration,      
   enforcement, and educational activities related to the Act. Amends the      
   State Finance Act to add the fund. Repeals the Telephone Solicitations      
   Act.                                                                        
          FISCAL NOTE (Attorney General)                                       
          Total annual fiscal impact to handle the new Telemarketer            
          Registration Act duties would be $558,000.                           
          CORRECTIONAL NOTE (Department of Corrections)                        
          There would be no population or cost impact to the Department.       
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes  everything  after  the  enacting  clause.  Creates   the      
   Telemarketing   Registration   and   Fraud  Prevention  Act.  Requires      
   telemarketers to register with the Attorney General, obtain  a  surety      
   bond, and maintain certain business records. Requires telemarketers to      
   disclose  certain  information promptly and in a clear and conspicuous      
   manner and requires the telemarketer  to  send  the  consumer  written      
   confirmation.  Provides  that  it is an unlawful act or practice and a      
   violation of the Act to call a person on a do not call list.  Itemizes      
   actions  of  a  telemarketer  that  are  unlawful  and  abusive  and a      
   violation of the Act. Provides that the Attorney General  may  enforce      
   violations of the Act as an unlawful practice under the Consumer Fraud      
   and  Deceptive Business Practices Act. Provides for criminal penalties      
   for violations of certain provisions. Provides for a private right  of      
   action  for a violation of the Act. Authorizes the Attorney General to      
   promulgate rules to implement the Act. Creates  the  Attorney  General      
   Telemarketing Fraud Enforcement Fund to be funded by registration fees      
   and  used  for administration, enforcement, and educational activities      
   related to the Act. Amends the State Finance  Act  to  add  the  fund.      
   Amends the Consumer Fraud and Deceptive Business Practices Act to make      
   a violation of the Telemarketing Registration and Fraud Prevention Act      
   an   unlawful   practice  under  that  Act.    Repeals  the  Telephone      
   Solicitations Act.                                                          
          FISCAL NOTE, H-AM 1 (Attorney General)                               
          There has been no change from the prior fiscal note.                 
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


   END OF INQUIRY 




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