S.B. 194 Commerce and Trade - Telephone and Facsimile Solicitation Act
Bill Sponsor: Sen. Thomas, David L. | Floor Sponsor: Rep. Winn, Bradley A. |
- Drafting Attorney: Thad C. LeVar
- Bill Text
- Introduced
- Amended
- Enrolled
(Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 21 Mar 2003, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 5 May 2003
- Session Law Chapter: 263
Enrolled
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S.B. 194
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[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 194 Enrolled
This act modifies the Telephone and Facsimile Solicitation Act to provide definitions and
modify some of the guidelines and enforcement mechanisms for telephone and facsimile
solicitations. The act enacts provisions providing guidelines for the maintenance of a
no-call database by the Division of Consumer Protection.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
13-25a-102, as last amended by Chapter 122, Laws of Utah 2002
13-25a-103, as last amended by Chapter 77, Laws of Utah 1998
13-25a-104, as enacted by Chapter 26, Laws of Utah 1996
13-25a-106, as enacted by Chapter 26, Laws of Utah 1996
13-25a-107, as enacted by Chapter 26, Laws of Utah 1996
ENACTS:
13-25a-108, Utah Code Annotated 1953
13-25a-109, Utah Code Annotated 1953
13-25a-110, Utah Code Annotated 1953
13-25a-111, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 13-25a-102 is amended to read:
13-25a-102. Definitions.
As used in this chapter:
(1) "Advertisement" means material offering for sale, or advertising the availability or
quality of, any property, goods, or services.
(2) (a) "Automated telephone dialing system" means equipment used to:
(i) store or produce telephone numbers;
(ii) call a stored or produced number; and
(iii) connect the number called with a recorded message or artificial voice.
(b) "Automated telephone dialing system" does not include equipment used with a
burglar alarm system, voice messaging system, fire alarm system, or other system used in an
emergency involving the immediate health or safety of a person.
(3) "Division" means the Division of Consumer Protection in the Department of
Commerce.
[
[
services offered;
[
telephone solicitation and a person to whom a telephone solicitation is made; and
[
(A) an act by either party; or
(B) the passage of 18 months since the most recent inquiry, application, purchase,
transaction, or voluntary two-way communication.
(b) "Established business relationship" includes a relationship with an affiliate as defined
in Section 16-10a-102 .
[
(a) scanning or encoding text or images for conversion into electronic signals for
transmission; or
(b) receiving electronic signals and reproducing them as a duplicate of the original text or
image.
[
wish to listen to the sales presentation or participate in the solicitation presented in the telephone
call.
[
[
(a) encouraging the purchase or rental of, or investment in, property, goods, or services,
regardless of whether the transaction involves a nonprofit organization;
(b) soliciting a sale of or extension of credit for property or services to the person called;
(c) soliciting information that will be used for:
(i) the direct solicitation of a sale of property or services to the person called; or
(ii) an extension of credit to the person called for a sale of property or services; or
(d) soliciting a charitable donation involving the exchange of any premium, prize, gift,
ticket, subscription, or other benefit in connection with any appeal made for a charitable purpose.
[
association, or corporation who makes or causes to be made an unsolicited telephone call,
including calls made by use of an automated telephone dialing system.
[
to seek a financial donation other than a call made:
(a) in response to an express request of the person called;
(b) primarily in connection with an existing debt or contract, payment or performance of
which has not been completed at the time of the call;
(c) to any person with whom the telephone solicitor has an established business
relationship; or
(d) as required by law for a medical purpose.
Section 2. Section 13-25a-103 is amended to read:
13-25a-103. Prohibited conduct for telephone solicitations -- Exceptions.
(1) Except as provided in Subsection (2), a person may not operate or authorize the
operation of an automated telephone dialing system to make a telephone solicitation.
(2) A person may operate an automated telephone dialing system if a call is made:
(a) with the prior express consent of the person who is called agreeing to receive a
telephone solicitation from a specific solicitor; [
(b) to a person with whom the solicitor has an established business relationship[
(c) by or on behalf of a charitable organization as defined in Section 13-22-2 .
(3) A person may not make a telephone solicitation to a residential telephone [
(a) before 8 a.m. or after 9 p.m. local time;
(b) on a Sunday; or
(c) on a legal holiday.
(4) A person may not make or authorize a telephone solicitation in violation of Title 47
U.S.C. 227.
(5) Any telephone solicitor who makes an unsolicited telephone call to a telephone
number shall:
(a) identify themselves;
(b) identify the business on whose behalf the person is soliciting;
(c) identify the purpose of the call promptly upon making contact by telephone with the
person who is the object of the telephone solicitation;
(d) discontinue the solicitation if the person being solicited gives a negative response at
any time during the telephone call; and
(e) hang up the phone, or in the case of an automated telephone dialing system operator,
disconnect the automated telephone dialing system from the telephone line within 25 seconds of
the termination of the call by the person being called.
(6) A telephone solicitor may not withhold the display of the telephone solicitor's
telephone number from a caller identification service when that number is being used for
telemarketing purposes and when the telephone solicitor's service or equipment is capable of
allowing the display of the number.
Section 3. Section 13-25a-104 is amended to read:
13-25a-104. Prohibited conduct for facsimiles -- Exceptions.
(1) Except as provided in Subsection (2), a person may not operate or authorize the
operation of a facsimile machine to send an advertisement.
(2) A person may operate a facsimile machine if the advertisement is sent:
(a) with the prior express written consent of the person who receives the facsimile
agreeing to receive the facsimile from a specific solicitor; or
(b) to a person with whom the solicitor has an established business relationship.
(3) A person may not make or authorize the sending of an advertisement by facsimile in
violation of Title 47 U.S.C. 227.
Section 4. Section 13-25a-106 is amended to read:
13-25a-106. Enforcement.
(1) The division shall investigate and assess administrative fines for violations of this
chapter.
(2) (a) Upon referral from the division, the attorney general or any district or county
attorney may:
[
of competent jurisdiction for any violation of this chapter. The court may, upon entry of final
judgment, award restitution when appropriate to any person suffering loss because of a violation
of this part if proof of loss is submitted to the satisfaction of the court;
[
penalties authorized under Subsection 13-25a-105 (1); or
[
(b) In an action under Subsection (2)(a), the attorney general or any district or county
attorney may recover costs, including investigative costs and attorney fees, from any violator of
this chapter.
Section 5. Section 13-25a-107 is amended to read:
13-25a-107. Private action.
(1) In addition to any other remedies, a person may bring an action in any state court of
competent jurisdiction if [
(a) (i) [
or facsimile advertisements from the same individual or entity that:
[
(A) violates this chapter; or
[
(ii) the person, following the first telephone solicitation or facsimile advertisement,
notified the sender of the person's objection to receiving the telephone solicitation or facsimile
advertisement; or
(b) the person has received one telephone solicitation or facsimile advertisement in
violation of:
(i) Subsection 13-25a-103 (1);
(ii) Subsection 13-25a-103 (3);
(iii) Subsection 13-25a-103 (5);
(iv) Subsection 13-25a-103 (6); or
(v) Subsection 13-25a-104 (1).
(2) In a suit brought under Subsection (1), a person may:
(a) recover the greater of $500 or the amount of the pecuniary loss, if any;
(b) recover court costs and reasonable attorneys' fees as determined by the court; and
(c) seek to enjoin any conduct in violation of this chapter.
Section 6. Section 13-25a-108 is enacted to read:
13-25a-108. Objections to telephone solicitations.
(1) A person may not make or cause to be made a telephone solicitation within Utah to a
telephone number contained in the no-call database established under Section 13-25a-109 .
(2) It is an affirmative defense to a violation of this section that the person making the
telephone call in violation of this section made the telephone call in reliance on a current
database:
(a) established by any federal agency; and
(b) that establishes a national database of telephone numbers of persons who object to
receiving telephone solicitations.
(3) This section does not apply to a telephone solicitation made by or on behalf of a
charitable organization as defined in Section 13-22-2 .
Section 7. Section 13-25a-109 is enacted to read:
13-25a-109. No-call database.
(1) The division shall establish and provide for the operation of a no-call database to
compile a list of telephone numbers of persons who have provided notice to the division of the
person's objection to receiving a telephone solicitation.
(2) A person that requests to have the person's telephone number included in the no-call
database shall pay an annual registration fee determined by the division in accordance with
Section 63-38-3.2 .
(3) A person desiring to make telephone solicitations may obtain a copy of the no-call
database maintained by the division under this section if the person pays an annual registration
fee determined by the division in accordance with Section 63-38-3.2 .
(4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
division shall adopt rules to:
(a) establish the methods by which a person may give notice to the division, including
notice by telephone, Internet, mail, or in-person communication, of:
(i) the person's objection to receiving a telephone solicitation; or
(ii) the person's lifting of the person's objection to receiving a telephone solicitation;
(b) specify the amount of time after a person provides notice to the division, not to
exceed 90 calendar days, after which the inclusion of the person's telephone number in the
no-call database shall be effective against a person making a telephone solicitation;
(c) establish the effect of a change of telephone number by a person whose telephone
number is contained in the no-call database;
(d) establish methods by which a person desiring to make telephone solicitations may
obtain a copy of the no-call database;
(e) define the improper use of the no-call database;
(f) define penalties for the improper use of the no-call database, which may not be greater
than those imposed for a violation of the national database described in Subsection (5); and
(g) define penalties against a person that registers another person to the no-call database
without that person's consent.
(5) If any federal agency establishes a national database of telephone numbers of persons
who object to receiving telephone solicitations, the division shall:
(a) include Utah telephone numbers from the national database in the no-call database
maintained under this section; and
(b) at least once every three months, forward to the national database all telephone
numbers contained in the no-call database maintained under this section.
(6) Information contained in the no-call database maintained under this section shall be
classified as private under Title 63, Chapter 2, Government Records Access and Management
Act, and shall be used only for purposes of:
(a) compliance with this chapter; or
(b) a proceeding or action to enforce this chapter.
Section 8. Section 13-25a-110 is enacted to read:
13-25a-110. Advisory group.
(1) The division shall establish an advisory group to help persons understand their
options with regard to telephone solicitations and facsimile advertisements composed of
representatives from:
(a) government entities;
(b) telecommunications companies;
(c) businesses;
(d) consumer advocacy organizations; or
(e) the general public.
(2) The division may enter into agreements with telecommunications companies to
disseminate information concerning the options available to persons under this chapter.
Section 9. Section 13-25a-111 is enacted to read:
13-25a-111. Exemptions.
Notwithstanding any other provision of this chapter, the provisions of Sections
13-25a-103 and 13-25a-108 do not apply to a person that holds a license or registration:
(a) under Title 31A, Insurance Code;
(b) issued by the Division of Real Estate established in Section 61-2-5 ;
(c) by or on behalf of a charitable organization as defined in Section 13-22-2 ; or
(d) issued by the National Association of Securities Dealers.
[Bill Documents][Bills Directory]
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
1/31/2003 | Bill Numbered by Title Without any Substance | Legislative Research and General Counsel | |
2/1/2003 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
2/3/2003 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
2/11/2003 | Bill Numbered but not Distributed | Senate Rules Committee | |
2/12/2003 | Numbered Bill Publicly Distributed | Senate Rules Committee | |
2/13/2003 | Senate/ received bill from Legislative Research | Senate Rules Committee | |
2/17/2003 | Senate/ received fiscal note from Fiscal Analyst | Senate Rules Committee | |
2/17/2003 | Senate/ to standing committee | Senate Workforce Services and Community and Economic Development Committee | |
2/20/2003 | Senate Comm - Amendment Recommendation | Senate Workforce Services and Community and Economic Development Committee | |
2/20/2003 | Senate Comm - Favorable Recommendation | Senate Workforce Services and Community and Economic Development Committee | 5 1 2 |
2/21/2003 | Senate/ comm rpt/ amended | Senate 2nd Reading Calendar | |
2/25/2003 | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
2/25/2003 | Senate/ floor amendment | Senate 2nd Reading Calendar | |
2/25/2003 | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 25 1 3 |
2/26/2003 | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
2/27/2003 | Senate/ floor amendment | Senate 3rd Reading Calendar | |
2/27/2003 | Senate/ passed 3rd reading | Clerk of the House | 23 2 4 |
2/27/2003 | Senate/ to House with amendments | Clerk of the House | |
2/27/2003 | House/ received from Senate | Waiting for Introduction in the House | |
2/28/2003 | House/ 1st reading (Introduced) | House Rules Committee | |
3/4/2003 | House/ under suspension of the rules | House Rules Committee | |
3/4/2003 | House/ 2nd reading | House 3rd Reading Calendar for Senate bills | |
3/5/2003 | House/ 3rd reading | House 3rd Reading Calendar for Senate bills | |
3/5/2003 | House/ floor amendment | House 3rd Reading Calendar for Senate bills | |
3/5/2003 | House/ passed 3rd reading | Senate Secretary | 46 25 4 |
3/5/2003 | House/ to Senate | Senate Secretary | |
3/5/2003 | Senate/ received from House | Senate Concurrence Calendar | |
3/5/2003 | Senate/ concurs with House amendment | House Speaker | 27 0 2 |
3/5/2003 | Senate/ to House | House Speaker | |
3/5/2003 | House/ received from Senate | House Speaker | |
3/5/2003 | House/ signed by Speaker/ returned to Senate | Senate President | |
3/5/2003 | Senate/ received from House | Senate President | |
3/5/2003 | Senate/ signed by President/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
3/6/2003 | Bill Received from Senate for Enrolling | Legislative Research and General Counsel / Enrolling | |
3/13/2003 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/14/2003 | Enrolled Bill Returned to House or Senate | Senate Secretary | |
3/14/2003 | Senate/ to Governor | Executive Branch - Governor | |
3/21/2003 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates
- Senate Floor Audio, Day 37 (2/25/2003) [SB 194 - Thomas - 2nd reading, amended, passed]
- Senate Floor Audio, Day 38 (2/26/2003) [SB 194 - Thomas - 3rd reading, circled]
- Senate Floor Audio, Day 39 (2/27/2003) [SB 194 - Thomas - 3rd reading, amended, final passage]
- Senate Floor Audio, Day 45 (3/5/2003) [SB 194 - Thomas - concurred with House amendments]
- House Floor Audio, Day 45 (3/5/2003)
- House Floor Audio, Day 45 (3/5/2003)