Comments: IN HB1123 | 2019 | Regular Session

Indiana House Bill 1123 (Prior Session Legislation)

Bill Title: Telephone solicitation. Adds to the list of telephone calls that are exempt from the "do not call" statute any telephone call made to a consumer by a caller that: (1) is: (A) a communications service provider that offers broadband internet service; or (B) a financial institution or a person licensed by the department of financial institutions to engage in first lien mortgage transactions or consumer credit transactions; and (2) has an established business relationship with the consumer. Requires the consumer protection division of the attorney general's office (division) to notify Indiana residents of the following: (1) The prohibition under federal law against a person making any call using an: (A) automatic telephone dialing system; or (B) artificial or prerecorded voice; to any telephone number assigned to a mobile telecommunications service. (2) The prohibition under federal law against a person initiating any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior consent of the called party. (3) Information concerning the placement of a telephone number on the National Do Not Call Registry operated by the Federal Trade Commission. Allows the division to use the consumer protection division telephone solicitation fund (fund) to: (1) administer the statutes concerning: (A) the registration of telephone solicitors; and (B) the regulation of automatic dialing machines; and (2) reimburse county prosecutors for expenses incurred in extraditing violators of these and other state and federal statutes concerning telephone solicitations. (Current law provides that the fund may be used only to administer: (1) the state's "do not call" statute; (2) the federal statute concerning restrictions on the use of telephone equipment; and (3) the state statute concerning misleading or inaccurate caller identification (caller ID statute).) Provides that certain civil penalties recovered by the attorney general for violations of the statutes concerning: (1) the registration of telephone solicitors; and (2) the regulation of automatic dialing machines; shall be deposited in the fund. Defines "executive" for purposes of the "do not call" statute, and provides that an executive of a person that violates the "do not call" statute commits a separate deceptive act actionable by the division. Provides that the attorney general can collect attorney fees and costs in a civil action for a violation of the caller ID statute. Amends the definition of "seller" for purposes of the statute requiring telephone solicitors to register with the division, so that the definition includes any person making a telephone solicitation. (Current law includes only persons making specified false representations in a telephone solicitation.) Provides that all sellers that make telephone solicitations must register with the division. (Under current law, registration is required only if the seller makes a solicitation involving consideration of more than $100 and less than $50,000.) Makes technical changes to the deceptive consumer sales act concerning violations of the caller ID statute. Allows the attorney general to collect a civil penalty of not more than: (1) $10,000 for the first violation; and (2) $25,000 for each subsequent violation; of the statute regulating automatic dialing machines. Urges the legislative council to assign to the interim study committee on corrections and criminal code the task of studying the following: (1) Whether existing criminal penalties for violations of specified telephone solicitation statutes should be increased. (2) The potential effects of increasing criminal penalties for violations of the statutes on: (A) the ability of the office of the attorney general to enforce compliance with the statutes; and (B) the state's criminal justice system. (3) Reconciling state and federal laws concerning the Do Not Call registry and other telephone privacy laws.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2019-05-05 - Public Law 242 [HB1123 Detail]

Text: Latest bill text (Enrolled) [PDF]