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 Full Text Bill Status