commercial electronic
mail; unlawful acts
(now: electronic marketing;
unlawful acts)
DPAS/E |
Committee on Energy, Utilities & Technology |
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DPA |
Caucus and COW |
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DPA |
Third Read |
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x |
As Passed the House |
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HB 2082 establishes an Arizona No Call List to serve as a database of individuals that do not wish to be contacted by sellers or solicitors.
Currently, several states have no call list programs in place. Georgia, Colorado, Texas, Oregon, Missouri and Tennessee have passed legislation allowing residential consumers to avoid calls from telephone solicitors by registering to be placed on a no call list. Most of the state’s no call list programs prohibit telephone solicitors from placing a sales call to any number that appears on the list. None of the states listed above, limit calls from businesses with which consumers have had a previous or current relationship; recognized charitable or religious organizations; or political pollsters or candidates for public office. These programs are usually administered through public vendors; the Secretary of State’s office or state departments assigned to look over the program.
Failure to comply with this law may violate the Arizona
Consumer Fraud Act, whose purpose is to eliminate unlawful practices in
merchant-consumer transactions. The
Attorney General and the Securities Division of the Corporation Commission are
authorized by statute to enforce the State’s consumer protection laws.
· States that the Arizona No Call List Program is established to assemble and maintain a database of the telephone numbers of persons in this state who object to receiving solicitations from sellers or solicitors.
· Establishes that the Secretary of State shall administer the program, establish the Arizona No Call List and implement rules for developing, assembling and operating the list no later than July 1, 2003. The Attorney General shall enforce the program.
· Provides that the Secretary of State may contract with a private vendor to perform all or part of the requirements of this program.
· Establishes that the Secretary of State shall:
· Provide by rule the method by which persons may enter, change or delete data from the No Call List.
· Prescribe the length of time entries on the list are effective and the method for renewing these entries before they expire.
· Outline the process for subscribers to report violations.
· Establish the process by which a seller may obtain access to the list.
· Charge fees to persons wishing to be placed on the list and sellers for access to the list (Monies collected from these fees must be deposited into the Arizona No Call List Fund).
· Establish procedures for publishing the list on a quarterly basis.
· States that the Secretary of State shall distribute the list to certain non-profit organizations that maintain no call lists for distribution to sellers or solicitors.
· Provides that the Secretary of State shall not disclose information from the No Call List to any entity except for a private vendor that contacts to operate and maintain the list, certain non-profit organizations or to the Attorney General for enforcement purposes.
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States that if an
agency of the United States establishes a single national no call list,
sections of that database that relate to Arizona shall be included in the
Arizona No Call List and the Arizona No Call List shall be made available to
the appropriate federal agency.
· Provides for the establishment of the Arizona No Call List Fund. This fund will consist of revenues collected both from fees charged to individuals requesting to be placed on the list and to solicitors for access to the list. The No Call List Fund is subject to Legislative appropriation.
· States that the No Call List Program shall terminate July 1, 2012.
· Establishes that a seller, solicitor or someone acting on their behalf, shall not initiate contact in the form of a telephone call to any telephone number the No Call List.
· Specifies that a contact is not a violation if any of the following apply:
· Permission or invitation is given by the subscriber before the solicitation occurs.
· The contact is made by or on behalf of a seller with whom the subscriber has a personal relationship.
· The contact is made by, or on behalf of, a seller with whom the subscriber has an established business relationship (within the proceeding 13 months).
· The contact is made by a person licensed by this state pursuant to title 32, has an established business relationship and is calling in regard to the subject of the relationship.
· The contact is made due to information gathered from a National Do Not Call List.
· The contact is made in error.
· Provides that the Attorney General may investigate reported violations to the No Call List program and take appropriate action pursuant to the Arizona Consumer Fraud Act.
· Establishes that the Attorney General may impose a civil penalty of not more than:
· $250 to any seller that willfully violates the law on two separate occasions within a twelve month span.
· $500 for any subsequent willful violation
· States that monies collected as fines and civil penalties shall be credited to the Consumer Protection-Consumer Fraud Revolving Fund.
· Makes technical and conforming changes.