SB 185

Current law regulates "telephone solicitation," which is defined as the

unsolicited initiation of a telephone conversation for the purpose of encouraging the

recipient of the telephone call to purchase property, goods, or services. With certain

exceptions, current law prohibits a telephone solicitor from making a telephone

solicitation to a residential telephone customer if the customer's telephone number

is included in a directory maintained by the Department of Agriculture, Trade and

Consumer Protection (DATCP) that lists customers who do not wish to receive

telephone solicitations. The directory is commonly referred to as the "no call list."

A violation of the prohibition is subject to a forfeiture of $100. The prohibition does

not apply to a telephone solicitation that is: 1) made by or on behalf of a nonprofit

organization; 2) made in response to a request for the solicitation; or 3) made to a

current client of the seller that is the reason for the solicitation.

This bill defines "telephone solicitation" so that it also includes the unsolicited

initiation of a text message for the purpose of encouraging the recipient of the text

message to purchase property, goods, or services. As a result, subject to the

exceptions described above, the bill prohibits a person from making such a text

message to a residential telephone customer whose telephone number is included in

the no call list.