HB 1474-FN - AS INTRODUCED
2000 SESSION
HOUSE BILL 1474-FN
AN ACT establishing a "no sales solicitation calls" list.
SPONSORS: Rep. Lockwood, Merr 9; Rep. Estabrook, Straf 8; Rep. A. Pelletier, Straf 12; Rep. Grant, Rock 17; Rep. Kurk, Hills 5; Sen. Roberge, Dist 9; Sen. Larsen, Dist 15
This bill requires the secretary of state to compile and maintain a list of persons who do not wish to receive telephone sales solicitation calls. The bill prohibits any commercial telephone seller from calling any person whose name appears on the list. The bill grants the secretary of state rulemaking authority to administer the law.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2153
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT establishing a "no sales solicitation calls" list.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Telephone Solicitation Act. Amend RSA by inserting after chapter 359-F the following new chapter:
CHAPTER 359-G
TELEPHONE SOLICITATION ACT
359-G:1 Definitions. In this chapter:
I. "Commercial telephone seller" means any person who makes or causes to be made a telephonic sales call on such seller's own behalf or through salespersons. "Commercial telephone seller" does not include any corporation, society, or other organization that is not organized for profit.
II. "Consumer goods or services" means any real property or any tangible or intangible personal property which is normally used for personal, family, or household purposes including, without limitation, any such property intended to be attached to or installed in any real property, without regard to whether it is so attached or installed, as well as timeshare estates and licenses, and any services related to such property.
III. "Telephonic sales call" means a call made by a commercial telephone seller to a consumer, for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes. "Telephonic sales call" does not include any call made in response to an express request of the consumer or any call made primarily in connection with an existing debt or contract.
359-G:2 Solicitation; Disclosure Required.
I. No commercial telephone seller shall make or cause to be made any unsolicited telephonic sales call to any residential, business, mobile, or telephonic paging device telephone number if the number for that telephone appears in the then-current quarterly listing maintained by the consumer protection and antitrust bureau of the department of justice. Any commercial telephone seller or person who offers for sale any consumer information which includes residential, business, mobile, or telephonic paging device telephone numbers shall screen and exclude those numbers which appear on the then-current "no sales solicitation calls" list.
II. Any commercial telephone seller who makes a telephone sales call to a residential, business, mobile, or telephonic paging device telephone number shall, immediately upon making contact by telephone, state the caller's true first and last names, the business on whose behalf he or she is soliciting, and the consumer goods or services being offered or sold.
III. If a sale or an agreement to purchase is completed, the commercial telephone seller shall inform the purchaser of the purchaser's cancellation rights and give the telephone number and street address of the commercial telephone seller and the total price or cost of the sale or agreement. In addition, the commercial telephone seller shall provide a detailed written description of the goods or services purchased, unless the purchaser waives the right to receive such description.
359-G:3 Listing Required. Any residential, business, mobile, or telephonic paging device telephone subscriber desiring to be placed on a "no sales solicitation calls" listing indicating that the subscriber does not wish to receive unsolicited telephonic sales calls may notify the secretary of state and be placed on that listing upon receipt by the secretary of state of a $10 initial listing charge. This listing shall be renewed by the secretary of state annually for each consumer upon receipt of a renewal notice and a $5 assessment. Listing charges may be waived, upon application, for a person 70 years of age or older or a person with a physical or mental impairment which substantially limits one or more of such person's major life activities. The secretary of state shall update the listing at least quarterly and provide the listing for a fee upon request.
359-G:4 Notification of Telecommunications Customers. The public utilities commission shall by rule ensure that telecommunications companies inform their customers of the provisions of this chapter. The notification may be made by annual inserts in the billing statements mailed to customers and conspicuous publication in the consumer information pages of the local telephone directories.
359-G:5 Rulemaking. The secretary of state shall adopt rules under RSA 541-A relative to:
I. Manner of compiling and maintaining the list required under RSA 359-G:3.
II. Any other matter necessary to the administration of this chapter.
359-G:6 Penalties. Any person who violates any provision of this chapter shall be guilty of a violation, and shall be subject to a fine of $1,000 per violation.
2 Effective Date. This act shall take effect January 1, 2001.
LBAO
00-2153
12/15/99
HB 1474-FN - FISCAL NOTE
AN ACT establishing a "no sales solicitation calls" list.
FISCAL IMPACT:
The Secretary of State has determined this bill will increase state general fund expenditures by $32,800 in FY 2001, by $8,000 in FY 2002, by $7,000 in FY 2003, and by $6,000 in FY 2004. State general fund revenue will increase by $6,000 in FY 2001, by $9,000 in FY 2002, by $12,000 in FY 2003, and by $15,000 in FY 2004. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Secretary of State has stated one-time expenditures will be incurred for planning, design and business process analysis, web site development, database development, search logic and testing totaling $25,000. First year expense for part-time personnel is estimated to be $7,800, with that cost reducing over time through effective use of the web site. It is estimated there will be 400 filings in FY 2001, and that this will increase by 200 each year thereafter. The number of list requests is estimated to by 200 in FY 2001, increasing by 100 each year thereafter. The fee for each filing and list request is $10.
The Department of Justice has stated any additional costs can be handled within their existing budget.