SB 97

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

unsolicited initiation of a telephone conversation or text message for the purpose of

encouraging the recipient of the telephone call to purchase property, goods, or

services. Generally, under current law, a telephone solicitor may not make a

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

is included in a nonsolicitation directory maintained by the Department of

Agriculture, Trade and Consumer Protection (DATCP) listing residential customers

who do not wish to receive telephone solicitations. Current law also prohibits a

telephone solicitor from using an electronically prerecorded message in a telephone

solicitation made to any recipient without the recipient's consent. Nonprofit

organizations are not subject to current law regulating telephone solicitations.

This bill prohibits any person from using an electronically prerecorded message

in an unsolicited telephone call to a residential customer whose telephone number

is included in the nonsolicitation directory, subject to the following exceptions: 1) a

call initiated by a school or school district to a student, a parent of a student, or an

employee; 2) a call initiated to a residential customer by a person who has a current

business or personal relationship with the customer; 3) a call initiated by a

governmental unit that is intended to alert a recipient of the call to a danger to the

recipient's health or safety; 4) a call initiated by a college or university to a graduate

of the college or university; and 5) a call initiated by a debt collector for the purpose

of collecting a debt.

Under the bill, DATCP must promulgate rules requiring any person who uses,

or requires an employee or contractor to use, an electronically prerecorded message

in a telephone call to a residential customer in this state, other than a call covered

by one of the exceptions in the bill, to register with and pay a fee to DATCP. A

registration is valid for one year and may be renewed upon payment of a renewal fee

to DATCP. Under the bill, registration and renewal fees for persons who use

electronically prerecorded messages must equal the fees charged for a telephone

solicitor under current law, except that the fees for nonprofit organizations may not

exceed one-tenth of the fee charged for a telephone solicitor.

Current law requires DATCP to promulgate rules establishing requirements

and procedures for a residential customer to request a listing in the nonsolicitation

directory. The rules must require a residential customer who requests a listing in

the directory to biennially notify DATCP if the residential customer wishes to

continue to be included in the directory. If a residential customer fails to make the

biennial notification, DATCP must eliminate the residential customer from the

nonsolicitation directory.

Under the bill, DATCP must promulgate rules establishing requirements and

procedures for a residential customer to request a listing in the nonsolicitation

directory, but the rules may not require a residential customer to periodically renew