Bill Text: NJ A3500 | 2020-2021 | Regular Session | Introduced
Bill Title: Prohibits automated telephone calling and text messaging and requires telecommunications service providers to provide call mitigation technology to subscribers.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-02-25 - Introduced, Referred to Assembly Consumer Affairs Committee [A3500 Detail]
Download: New_Jersey-2020-A3500-Introduced.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Prohibits automated telephone calling and text messaging and requires telecommunications service providers to provide call mitigation technology to subscribers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning automated telephone calling and text messaging and amending and supplementing P.L.2003, c.76.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2003, c.76 (C.56:8-120) is amended to read as follows:
2. As used in [this act] P.L.2003, c.76 (C.56:8-119 et seq.):
"Autodialed telephone call" means:
a. a telephone call made using equipment that makes a series of telephone calls to stored telephone numbers, including numbers stored on a list, or to telephone numbers produced using a random or sequential number generator, except that the term does not include a telephone call made using only equipment that the caller demonstrates requires substantial additional human intervention to dial or place a telephone call after a human initiates the telephone call or series of telephone calls;
b. a telephone call made using an artificial or prerecorded voice message; or
c. a text message made using equipment that issues 20 or more text messages at a time, or sends a series of nearly identical texts to telephone numbers on a list, or to telephone numbers produced using a random or sequential number generator, except that the term does not include texts that the sender demonstrates were sent to the sender's personal acquaintances.
"Autodialed telephone call" shall not mean a telephone call or text message made for bona fide political, religious, or charitable activities of a nonprofit corporation, trust, or organization established exclusively for political, religious, or charitable purposes.
"Customer" means an individual who is a resident of this State and a prospective recipient of a telemarketing sales call.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Local exchange telephone company" means a telecommunications carrier authorized by the Board of Public Utilities to provide local telecommunications services.
"Merchandise" means merchandise as defined in subsection (c) of section 1 of P.L.1960, c.39 (C.56:8-1), including an extension of credit.
"No telemarketing call
list" or "no call list" means a list of telephone numbers of
customers in this State who desire not to
receive unsolicited telemarketing sales calls whether the telemarketer is a
human initiating an unsolicited telemarketing sales call or the telemarketer
uses another means of making an unsolicited telemarketing sales call,
including, but not limited to, making an autodialed telephone call.
"Prior express consent" means an agreement provided by a called customer to allow the caller to make an autodialed telephone call to the called customer's telephone, in relation to the specific subject matter for which the telephone call is made.
"Telemarketer" means any entity, whether an individual proprietor, corporation, partnership, limited liability corporation, or any other form of business organization, whether on behalf of itself or others, who makes residential telemarketing sales calls to a customer when the customer is in this State or any person who directly controls or supervises the conduct of a telemarketer.
"Telemarketing" means any plan, program, or campaign which is conducted by telephone to encourage the purchase or rental of, or investment in, merchandise, but does not include the solicitation of sales through media other than a telephone call.
"Telemarketing sales call" means a telephone call, including an autodialed telephone call, made by a telemarketer to a customer as part of a plan, program, or campaign to encourage the purchase or rental of, or investment in, merchandise, except for continuing services. A telephone call made to an existing customer for the sole purpose of collecting on accounts or following up on contractual obligations shall not be deemed a telemarketing sales call.
"Telephone call mitigation technology" means technology that identifies an incoming telephone call as being, or as likely being, an autodialed telephone call and blocks the telephone call, diverts the telephone call to the called person's answering system, or otherwise prevents the telephone call from being completed to the called person, except that the technology permits a telephone call so identified to be completed when the telephone call is identified as being made by a law enforcement or public safety entity, or when the telephone call is identified as originating from a caller with respect to whom the called person has provided prior express consent to receive a telephone call and has not revoked that consent.
"Telecommunications service" means the electronic transmission, conveyance, or routing of voice, data, audio, video, or other information to a point, or between or among points, regardless of the telecommunciations infrastructure used.
"Telecommunications service provider" or "provider" means any person, business, or organization that provides a subscriber with a telecommunications service for a fee.
"Unsolicited telemarketing sales call" means any telemarketing sales call other than a call made:
[(1)] a. in response to an express written request of the customer called; or
[(2)] b. to an existing customer, which shall include the ability to collect on accounts and follow up on contractual obligations, unless the customer has stated to the telemarketer that the customer no longer desires to receive the telemarketing sales calls of the telemarketer.
(cf: P.L.2003, c.208, s.1)
2. Section 10 of P.L.2003, c.76 (C.56:8-128) is amended to read as follows:
10. a. [No] A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call to any customer whose telephone number is included on the no telemarketing call list established pursuant to section 9 of [this act] P.L.2003, c.76 (C.56:8-127), except for a call made within three months of the date the customer's telephone number was first included on the no call list but only if the telemarketer had at the time of the call not yet obtained a no call list which included the customer's telephone number and the no call list used by the telemarketer was issued less than three months prior to the time the call was made.
b. A telemarketer making a telemarketing sales call shall, within the first 30 seconds of the call, accurately identify the telemarketer's name, the person on whose behalf the call is being made, and the purpose of the call.
c. A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call to any customer between the hours of [9] 9:00 p.m. and [8] 8:00 a.m., local time, at the customer's location.
d. A telemarketer shall not intentionally use any method that blocks a caller identification service from displaying caller identification information or otherwise circumvents a customer's use of a telephone caller identification service, including, but not limited to, the use of any technology or method which displays a telephone number or name not associated with the telemarketer or intentionally designed to misrepresent the telemarketer's identity.
e. In addition to the prohibitions described in P.L.1993, c.252 (C.48:17-27 et seq.), P.L.1991, c.416 (C.56:8-54 et seq.), and P.L.2003, c.76 (C.56.8-119 et seq.), and to the extent consistent with federal law, it shall be unlawful for a person to make an autodialed telephone call, other than a telephone call made for emergency purposes or made with the prior express consent of a customer, to any telephone number owned by a customer in this State. A customer shall be allowed to revoke any prior express consent at any time and in any reasonable manner, as determined by the director, regardless of the context in which the owner or user of the telephone provided initial consent.
(cf: P.L.2005, c.289, s.1)
3. (New section) To the extent consistent with federal law, a telecommunications service provider that provides telecommunications service to subscribers residing in the State shall, upon request of the subscriber and at no additional charge:
a. make telephone call mitigation technology available to any subscriber receiving a telecommunications service from the provider; and
b. allow a subscriber receiving telecommunications service from the provider to have the provider prevent telephone calls and text messages identified as originating from a particular telephone number from being completed or delivered to the person receiving telecommunications service from the provider.
4. Section 14 of P.L.2003, c.76 (C.56:8-132) is amended to read as follows:
14. a. A violation of any provision of [this act] P.L.2003, c.76 (C.56:8-119 et. seq.) shall be an unlawful practice subject to the penalties applicable pursuant to section 1 of P.L.1966, c.39 (C.56:8-13) and section 2 of P.L.1999, c.129 (C.56:8-14.3), except that a person may not be held liable for violating [this act] P.L.2003, c.76 (C.56:8-119 et. seq.) if:
[a.] (1) the person has obtained a copy of, and updated quarterly, the no call list and has established and implemented written policies and procedures related to the requirements of [this act] P.L.2003, c.76 (C.56:8-119 et. seq.);
[b.] (2) the person has trained telemarketers in the person's employ in the requirements of [this act] P.L.2003, c.76 (C.56:8-119 et. seq.);
[c.] (3) the person maintains records demonstrating compliance with [subsections a. and b.] paragraphs (1) and (2) of this [section] subsection and the requirements of [this act] P.L.2003, c.76 (C.56:8-119 et. seq.); and
[d.] (4) any unsolicited telemarketing sales call is an isolated call made no more than one time in a 12-month period.
b. In addition to the penalties provided in subsection a. of this section, any person harmed by a violation of the provisions of subsection e. of section 10 of P.L.2003, c.76 (C.56:8-128), section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), or of any rule or regulation promulgated by the director relating to the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill), may bring an action in any court of competent jurisdiction to:
(1) enjoin the violation; and
(2) recover for actual monetary loss from a violation, as described in this subsection, or to receive $500 in damages for the violation, whichever is greater.
c. If a court finds that a person willfully or knowingly violated the provisions of subsection e. of section 10 of P.L.2003, c.76 (C.56:8-128), section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), or any rule or regulation promulgated by the director relating to the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill), the court may, in its discretion, increase the amount of the monetary award to an amount equal to not more than three times the amount available pursuant to subsection b. of this section.
d. No action to recover damages for a violation of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) may be brought more than four years after the alleged violation occurred.
(cf: P.L.2003, c.76, s.14)
5. Section 16 of P.L.2003, c.76 (C.56:8-134) is amended to read as follows:
16. The division, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations necessary to implement this act, which shall include, but not be limited to:
a. provisions governing the availability and distribution of the no call list established pursuant to section 9 of [this act] P.L.2003, c.76 (C.56:8-127);
b. any other matters relating to the no call list established pursuant to section 9 of [this act] P.L.2003, c.76 (C.56:8-127) that the division deems necessary; [and]
c. such procedures as may be most effective to ensure that the no call list is up-to-date and accurately reflects the telephone numbers of persons wishing to be on the no call list and procedures to identify telephone numbers that have been reallocated to persons other than those who have indicated that they wish to be on the no call list. Such procedures may include, but not be limited to, establishing a means of matching the no call list with the names and numbers of persons with current listings supplied by the local exchange telephone companies, or establishing a requirement for re-enrollment to the list from time to time;
d. procedures for addressing incidents in which a telephone call wanted by a customer is prevented from reaching the customer; and
e. provisions that may provide for a reasonable delay in requiring a telecommunications service provider to provide telephone call mitigation technology to subscribers.
(cf: P.L.2003, c.208, s.5)
6. This act shall take
effect on the 30th day after enactment, but the Director of the Division of
Consumer Affairs in the Department of Law and Public Safety may take such
anticipatory administrative action in advance thereof as shall be necessary for
the implementation of this act.
STATEMENT
This bill prohibits persons from making automated telephone calling and text messaging through automated means to any telephone number owned by a telecommunications service subscriber in this State, other than for emergency, political, religious, or charitable purposes or with the prior express consent of a customer. The bill further specifies that a customer is allowed to revoke any prior express consent at any time and in any reasonable manner, as determined by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety (director).
With certain exceptions, the bill specifically prohibits: 1) telephone calls made using equipment that makes a series of calls to stored telephone numbers, including numbers stored on a list, or to telephone numbers produced using a random or sequential number generator; 2) telephone calls made using an artificial or prerecorded voice message; and 3) text messages made using equipment that issues twenty or more text messages at a time, or sends a series of nearly identical texts to telephone numbers on a list, or to telephone numbers produced using a random or sequential number generator.
Under the bill, a telecommunications service provider is also required to make telephone call mitigation technology available to any subscriber receiving a telecommunications service from the provider, upon request and at no additional charge. The bill further requires telecommunications service providers to allow any person receiving telecommunications service from the provider to have the provider prevent certain calls and text messages from being completed or delivered to the person receiving the telecommunications service from the provider. The bill requires the director to adopt rules and regulations to implement the bill's requirements. The rules and regulation are required to include procedures for addressing incidents in which a telephone call wanted by a customer is prevented from reaching the customer and may provide for a reasonable delay in requiring implementation and offering of call mitigation technology.
The bill specifies that any person harmed by a violation of the provisions of the bill, or of any rule or regulation promulgated by the director relating to the implementation of the bill, may bring an action in any court of competent jurisdiction to enjoin continued violations and to recover for actual monetary loss from a violation or to receive $500 in damages for the violation, whichever is greater. The bill also provides that the court may increase the monetary award associated with a violation if the violation was made willfully or knowingly. The bill prohibits actions to recover damages for a violation of the bill from being brought more than four years after the alleged violation occurred.
