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SB 192 (BR 1272) - A. Kerr
AN ACT relating to telephone solicitation.
Establish a procedure by which persons 70 or older may place themselves on a "zero call" list with the Attorney General's Division of Consumer Protection; prohibit those making telephone solicitations from calling the affected elderly persons unless they so request; make a contract made in violation voidable without penalty to the consumer; permit Attorney General to recover $1,000 civil penalty.
SB 192 - AMENDMENTS
SFA (1, A. Kerr) - Make a technical correction to clarify text by removing a redundant phrase.
SFA (2, B. Guthrie) - Amend to exempt from prohibition against calling a person on the "zero call" list a merchant or telemarketer who solicits without intending to complete or obtain provisional acceptance of a sale during the telephone solicitation, who does not make the major sales presentation during the solicitation but arranges for the major presentation to held at a later, face-to-face meeting with the salesperson, and who does not collect or cause another to collect for the purchase or deliver any item directly following the telephone solicitation
SFA (3, A. Kerr) - Amend to exempt from the "zero call" prohibition against calling: a call that is in furtherance or maintenance of a continuing business relationship with the person on the "zero call" list or call from a merchant or employee if he or she makes the communication directly, the communication is not part of a telemarketing plan; the business does not sell or engage in telemarketing services, the business has a reasonable belief that the specific person who is receiving the communication is considering purchasing the service or product sold or leased by the business, the call is specifically directed to the person, and payments are not solicited or received during the call; permit consumer who has made contribution to person calling to return his contribution.
SFA (4, J. Denton) - Amend to delete original provisions and requests review of telemarketing and telephone solicitation issues.
HCS/LM - Amend KRS 367.46951 to include live or recorded communication in the definition of telephone solicitation; exempt from the definition of telephone solicitation telephone calls made at an expressed or implied request of a caller by persons such as physicians, pharmacists or anyone who has an on-going business relationship with the caller and the failure to call may cause physical or financial injury to the caller, colleges or universities accredited by a national regional accrediting organization, real estate brokers or sales associates properly licensed under KRS Chapter 324, except brokers and associates that are selling recreational and retirement use land or timeshares, schools or persons on behalf of schools regulated by the Department of Education that are selling subscriptions to newspapers, magazines, or periodicals if the proceeds are shared with the school, calls made by merchants or their employees directly, businesses not engaged in telemarketing services, businesses having a reasonable belief that the person contacted is considering purchasing the service or product or the calls targeted to individuals; establish a definition of telemarketing services; amend KRS 367.46955 to require any person making a telephone solicitation to be subject to certain prohibited acts; require that any credit card charge made in conjunction with a telephone solicitation be in accordance with KRS 367.46963; require that telephone solicitation honor the zero call list; prohibit the sale of information revealed during a telephone solicitation; prohibit telephone solicitations using a prerecorded voice except under expressed circumstances; prohibit the use of unfair, false, misleading or deceptive practices in conjunction with telephone solicitation; create new section of KRS Chapter 367.46951 to KRS 367.46999 to, effective July 1, 2002, establish a zero call list and to require the Attorney General to inform any person who applies to the Office of the Attorney General to be placed on the "no call list" or the "zero call list" about how to put their names on company-specific and industry-wide no solicitation call lists; require the Attorney General to study the implementation and effectiveness of a zero call list and permit the report to contain recommendations for legislative action, and report to the Legislative Research Commission by the October 15, 2002; create various new sections of KRS Chapter 367 to regulate deceptive promotional advertising of prizes and sweepstakes; amend KRS 367.990 to make violations of Section 7 of this Act (promotional offer prohibitions) a class D felony.
HCA (1/Title, J. Jenkins) - Make title amendment.
HFA (1, J. Gooch) - Amend Section 1 to restore an exemption from the definition of telephone solicitation for any merchant or telemarketer that is licensed or regulated by the Federal Communications Commission and make conforming changes.
HFA (2, J. Gooch) - Delete all references to the zero call list from the bill.
HFA (3, J. Gooch) - Amend Section 3 to establish a set of exemptions to the requirement not to call a person listed on the zero call list.
HFA (4, J. Gooch) - Amends Section 3 to include a new subsection (3) that prohibits the Attorney General's office from charging a fee for the zero call or the no telephone solicitations call list to a merchant with 25 employees or less; includes a new subsection (4) that requires the Attorney General's office to calculate the subscription price for the zero call and the no telephone solicitations call list based on actual cost of compiling, maintaining and distributing those lists; and requires that the cost of the lists not be greater than actual cost of compiling, maintaining and distributing the lists.
HFA (5, B. Buckingham) - Amend KRS 367.46955 to clarify that the no telephone solicitation call list is to be published on a quarterly basis.
HFA (6, T. McKee) - Amend Section 2 to include prohibit a person making a telephone solicitation from failing to notify the potential consumer that a free trial offer accepted by the consumer is set to expire before the consumer is charged for the product or service sold in conjunction with the free trial offer; include new Section 11 to make conforming subsection reference changes and renumber subsequent sections of the bill.
HFA (7, J. Barrows) - Revise the exemption from the "zero call" list.
HFA (8, S. Westrom) - Amend to make technical correction to definition section.
HFA (9, T. Riner) - Amend the definition of telephone solicitation to include solicitation of votes for or against a candidate or slate of candidates during a primary, general, or special election; fundraising as defined in KRS 121.015(11) and the solicitation of information from a person if the solicitation occurs within 4 weeks preceding a primary, general or special election and if the telemarketer or telemarketing company is paid by a committee as defined in KRS 121.013(3); exclude a candidate from the requirements to not solicit a person on the no call or zero call list; provide that a telemarketer or telemarketing company that violates Section 11 of the Act is guilty of a violation; create a new Section 11 that prohibits a telemarketing company or telemarketer from making a solicitation to a person on the no call or zero call list except in accordance with subsection (2)(a) of Section 1 of the Act; conform section numbering.
HFA (10, T. Riner) - Amend the definition of telephone solicitation to include solicitation of votes for or against a candidate or slate of candidates during a primary, general, or special election; the solicitation of information from a person if the solicitation occurs within 4 weeks preceding a primary, general or special election and if the telemarketer or telemarketing company is paid by a committee as defined in KRS 121.013(3); exclude a candidate, the candidates paid staff and unpaid volunteers from the requirements to not solicit a person on the no call or zero call list; exempt any telephone solicitation made as defined under subsection (1)(a)5. and 6. of Section 1 from the provisions of subsection (19) of Section 2; provide that a telemarketer or telemarketing company that violates Section 11 of the Act and a person that makes a telephone solicitation as defined under subsection (1)(a) 5. and 6. of Section 1 in violation of Section 2 of the Act, is guilty of a violation; create a new Section 11 that prohibits a telemarketing company or telemarketer from making a solicitation to a person on the no call or zero call list except in accordance with subsection (2)(a) of Section 1 of the Act; conform section numbering.
Feb 19-introduced in Senate
Feb 22-to Judiciary (S)
Feb 23-reported favorably, 1st reading, to Calendar
Feb 26-2nd reading, to Rules; floor amendment (1) filed
Feb 27-posted for passage in the Regular Orders of the Day for Wednesday, February 28, 2001
Feb 28-passed over and retained in the Orders of the Day; floor amendments (2) (3) and (4) filed
Mar 1-3rd reading; floor amendment (1) withdrawn ; floor amendment (4) defeated ; passed 38-0 with floor amendments (2) and (3)
Mar 2-received in House
Mar 5-to Labor and Industry (H); posting waived; reported favorably, 1st reading, to Calendar; recommitted to Labor and Industry (H)
Mar 6-returned to floor; 2nd reading, to Rules; recommitted to Labor and Industry (H)
Mar 7-reported favorably, to Rules with Committee Substitute, committee amendment (1-title) ; posted for passage in the Regular Orders of the Day for Thursday, March 8, 2001; floor amendments (1) (2) (3) (4) (5) (6) and (7) filed to Committee Substitute
Mar 8-floor amendments (8) (9) and (10) filed to Committee Substitute
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