2001 SESSION

01-0185

05/09

HOUSE BILL 115

COMMITTEE: Commerce

ANALYSIS

This bill:

I. Prohibits automatic telephone dialing system users from generating calls with no message or without identification of the caller's business and telephone number.

II. Requires that registration of an automatic telephone dialing system include the user's telephone number, as well as the address and telephone number of any companies involved in providing the dialing system equipment.

III. Prohibits solicitation of residential telephone subscribers through automatic telephone dialing systems and provides a private right of action for violation of this section.

IV. Requires an automatic telephone dialing system to disconnect within 5 seconds after the called party hangs up.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0185

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Findings. The general court finds that the practices of automatic dialing of multiple numbers, either simultaneously or overlapping in time, and of automated solicitations are invasions of privacy, and disturbances of the peace of persons receiving them.

2 New Paragraph; Use of Automatic Telephone Dialing Systems and Caller Identification Services; Registration; Message and Caller Identification Required. Amend RSA 359-E:2 by inserting after paragraph III the following new paragraph:

IV. No calls shall be generated which could result in a callee picking up a phone with no message, or with a message but no identification of the caller's organization and telephone number.

3 Use of Automatic Telephone Dialing Systems and Caller Identification Services; Registration Information; Telephone Number of Person Using Automatic Telephone Dialing System Required. Amend RSA 359-E:3 to read as follows:

359-E:3 Registration Information. Each registration pursuant to RSA 359-E:2 shall contain the following information:

I. The name, [and] address, and telephone number of the registrant, including the name and telephone number under which the registrant is doing or intends to do business.

II. The complete street addresses and telephone numbers of all locations from which the registrant will be conducting business.

III. The addresses and telephone numbers of all telephone companies involved in originating the registrant's number generation and messages from the registrant's automated dialing equipment.

4 New Sections; Use of Automatic Telephone Dialing Systems and Caller Identification Services; Automated Solicitation Prohibited. Amend RSA 359-E by inserting after section 3 the following new sections:

359-E:3-a Automated Solicitation Prohibited. Solicitation, as defined in RSA 359-E:1, II, made using an automatic telephone dialing system, shall be prohibited.

359-E:3-b Private Right of Action. A person may bring in the superior court:

I. An action based on a violation of this section;

II. An action to recover for any monetary loss from such a violation or to receive $500 in damages for each such violation, whichever is greater; or

III. Both such actions.

5 Use of Automatic Telephone Dialing Systems and Caller Identification Services; Dialer Disconnect. Amend RSA 359-E:4 to read as follows:

359-E:4 Dialer Disconnect. Any automatic telephone dialing system used in this state shall be operated so that the system will automatically disconnect or release within [30] 5 seconds after the called party hangs up.

6 Effective Date. This act shall take effect January 1, 2002.