2002 SESSION

01-2042

05/01

HOUSE CONCURRENT RESOLUTION 21

ANALYSIS

This house concurrent resolution urges the state attorneys general and the Federal Trade Commission to enforce the Telemarketing Sales Rule, which, among other things, requires telemarketers to maintain do-not-call lists. The bill also urges Congress to adopt the Know Your Caller Act of 2001, which provides additional consumer protections relative to telephone solicitation.

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01-2042

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

Whereas, telephone subscribers in New Hampshire and throughout the country receive innumerable telephone calls from various telemarketers operating in this country and in other countries; and

Whereas, many telephone subscribers are annoyed by the relentless calling at the most inconvenient times during the day, and other such subscribers have received calls from unscrupulous telemarketers and have been victims of their fraudulent practices; and

Whereas, the Telemarketing Sales Rule and Know Your Caller Act of 2001 are intended to protect subscribers from unscrupulous telemarketers and to maintain the privacy and harmonious nature of American homes; and

Whereas, the Telemarketing Sales Rule requires telemarketers to maintain a list of telephone subscribers who do not wish to receive any further calls from a particular seller; provides for penalties in amounts as high as $10,000 per violation; and allows the Federal Trade Commission, states, and private persons to enforce such provisions; and

Whereas, the Telephone Consumer Protection Act of 1991 also requires that telemarketers abide by "do-not-call" requests from consumers as well as restricts telemarketing calling hours, mandates identification of the telephone solicitor, and includes both a private right of action and a right of action by states; and

Whereas, the Know Your Caller Act of 2001 strengthens the consumer protections of the Telephone Consumer Protection Act by preventing telemarketers from blocking caller identification information, by requiring telemarketers to provide such information when they have the capability of doing so, and by prohibiting telemarketers from using information on "do-not-call" lists for any other marketing purpose; and

Whereas, since telemarketers can evade state laws restricting telephone solicitation through interstate operation, federal regulation and enforcement actions are needed to control residential telemarketing practices; now therefore be it

Resolved by the House of Representatives, the Senate concurring:

That the general court urges the state attorneys general and the Federal Trade Commission to vigorously enforce the provisions of the Telemarketing Sales Rule that require telemarketers to cease from calling telephone subscribers who have previously requested to be placed on a list of subscribers who do not wish to receive any further calls from that telemarketer and to assess the appropriate penalties for violation of such provisions; and

That the general court urges the United States Congress to pass the Know Your Caller Act of 2001, which will provide telephone subscribers with additional protection from telemarketing abuses and annoyances; and

That a copy of this resolution be transmitted to the presiding officers of the Senate and the House of Representatives of the Congress of the United States of America, to each member of the New Hampshire congressional delegation, to the chairman of the Federal Trade Commission, to the chairman of the Federal Communications Commission, and to the president of the National Association of Attorneys General.

Approved: April 10, 2002