Records concerning certain telephone and facsimile solicitations and a private action against certain senders of unsolicited facsimile solicitations

Under this bill, if a telecommunications utility's customer is listed in the current nonsolicitation directory and the customer provides to the telecommunications utility a copy of a complaint regarding a telephone solicitation that involves the listing and that the customer has filed with the department, the telecommunications utility must provide to the customer a written record of all the telephone numbers from which calls to the customer originated during the approximate time when the customer alleges that the violation occurred.

Also under the bill, if a person provides to a telecommunications utility from whom the the person obtains basic local exchange service the date and time when the person received a facsimile solicitation in violation of current law and provides a copy of the facsimile solicitation, the telecommunications utility must provide to the person a written record of the number from which the facsimile transmission was sent to the person, as well as any additional information in the telecommunications utility's possession regarding the identity of the sender of the facsimile transmission.

The bill provides that a telecommunications utility responding to a request for either type of record may charge the requester not more than the actual cost to the telecommunications utility of responding to the request.

The bill also creates a private cause of action against a person who violates the current limitations on unsolicited facsimile solicitations. A prevailing plaintiff is entitled to recover actual damages or $200, whichever is greater, and reasonable attorney fees.