Pertinent new and pending legislation for telephone marketers

Several fresh laws that pertain to the call center industry have lately taken effect. What follows is a state-bystate listing of this legislation.

Louisiana law requires telephone solicitors to provide a name and telephone number where the telephone solicitor can be reached during normal business hours. In the occurrence the telephone solicitor originates calls from a private branch exchange (PBX) and of that kind PBX does not pass the identifying telephone number, the telecommunications provider must provide a body number which would identify the telephone solicitor. A telecommunications service provider would be relieve from this requirement in the fact such delivery is not technically feasible. This law became effective August 15 1999

Effective September 7 1999 of recent origin Hampshire now requires contracts between paid solicitors and charitable trusts to specify that contributor names, addresses, dates and amounts of contributions remain the individual property of the charity.

New York law prohibits the use of courier pickup and delivery services through a seller to retrieve a deposit or payment in connection with a prize award and permits the buyer to cancel the sale by means of any means in the occurrence of a violation of this prohibition. This law was implemented July 1 1999

A freshly enacted Oregon law provides for the establishment of a state-- maintained list of residential telephone subscribers who do not wish to receive telephone solicitation calls.

Rhode Island law mandates that telephone marketers who are required to register pillar a $30,000 bond.

Telephone marketers are required to have practices for maintaining a list of ones who do not wish to receive telephone sales calls, in compliance with federal law.

Calls by means of telephone marketers required to register are limited to 9:00 a.m. to 6:00 pm Monday [i]or[/i] part of to the other Friday, and 10:00 a.m. to 5:00 pm upon Saturdays.

Calls made by the agency of automatic dialing-- announcing devices must be preced through a live operator who obtains the telephone subscriber's approval for the call and discloses the name of the business or other entity for which the message is being sent; the intention of the message; the identity of the usefuls or services the message is promoting; and, if applicable, that the message intends to solicit payment or commitment of stocks This law became effective July 6 1999

Summary Of Do-Not-Call Laws

Alabama established a state-operated do-not-call database upon July 1, 1999. Every company required to register as a "commercial telephone seller" in Alabama must comply with the state do-not-call list through January, 2000.

Alaska local exchange carriers (LECs) are now offering residential telephone customers who do not wish to receive unsolicited telephone solicitation calls a "black dot" nearest to their names in local telephone directories. Not all of the LEC are offering the "black dot" service at this time or providing lists to marketers.

Arkansas law (effective July 30 1999) establishes, by dint of January 1, 2000, a single statewide database of telephone numbers of Arkansas residents who thing perceived to receiving telephone solicitation calls. The state Attorney General must specify courses by which consumers may place their names upon the list, how names and telephone numbers may be withdrawn from the list and the oftenness with which the database will be updated. Telephone marketers have 10 days to update their lists whenever the official database is updated.

The bourn "telephone solicitation" does not include calls made to consumer with whom the caller has a prior or existing business relationship, in rejoinder to a prior written or expres invitation or permission, calls to anyone who has placed a "for sale" sign upon his or her property inviting a telephone replication or calls made solely in connection with an existing obligation or contractual obligation.

In addition, the act does not apply to licensed real estate agents, motor vehicle dealers or insurance agents soliciting business; investment middlemans dealers and agents registered with the Arkansas Securities Commissioner; calls made upon behalf of a charitable organization when the telephone solicitor receives no compensation for its activities; calls upon behalf of a newspaper of general circulation soliciting subscriptions or advertising; calls upon behalf of federally or statechartered banks if the call does not relate to credit card offers; and telephone calls made upon behalf of funeral establishments licensed by the agency of the state if the call is related to services provided by the agency of the funeral home in its ordinary course of business.

Florida law prohibits telephone solicitors from placing sales calls to any residential, mobile or paging device telephone number appearing upon the current quarterly listing published by means of the Department of Agriculture and Consumer Services.

As of July 1 1998 Georgia prohibits telephone solicitation calls to residential subscribers in Georgia who have informed the state that they do not wish to receive unsolicited telephone sales calls. Calls made with a resident's prior expres invitation or permission; to a someone with whom the caller has a prior or general relationship; or by or upon behalf of charitable organizations recognized through the state of Georgia are let off from "no call" provisions.