Bill Text: NJ A5547 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits autodialed telephone calls to mobile telecommunications devices with certain exceptions.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2019-06-10 - Introduced, Referred to Assembly Consumer Affairs Committee [A5547 Detail]
Download: New_Jersey-2018-A5547-Introduced.html
Sponsored by:
Assemblyman R. BRUCE LAND
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman MATTHEW W. MILAM
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Prohibits autodialed telephone calls to mobile telecommunications devices with certain exceptions.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting certain autodialed telephone calls to mobile telecommunications devices and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Autodialed telephone call" means a telephone call that uses both a computerized auto-dialer and a computer-delivered pre-recorded message. "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.
"Health care facility" means and includes all hospitals within this State and any other health care facility as defined in the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.).
"Mobile telecommunications device" means a handheld, hands-free, or other portable or wireless electronic equipment capable of providing data communication between two or more persons and that has been assigned a telephone number by a telecommunications service provider, including, but not limited to, a cellular, analog, wireless, satellite, or digital telephone, a text messaging device, a paging device, a personal digital assistant, or a laptop computer.
"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 telecommunications infrastructure used.
"Telecommunications service provider" or "provider" means a person, business, or organization that provides a subscriber with a telecommunications service for a fee.
2. a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any person to place an autodialed telephone call to any telephone number assigned to a customer's mobile telecommunications device.
b. The provisions of subsection a. of this section shall not apply to autodialed telephone calls from:
(1) a school district, as defined pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes, to students, parents, or employees;
(2) an employer advising employees of work schedules;
(3) a correctional facility advising victims;
(4) an agency of the federal or State government or any political subdivision thereof;
(5) a public utility, as defined pursuant to R.S.48:2-13, or an electric power or gas supplier, as defined pursuant to section 3 of P.L.1999, c.23 (C.48:3-51), pertaining to the service of the customer of record; and
(6) a business or health care facility concerning the care, services, or supplies related to the health of an individual.
3. This act shall take effect immediately.
STATEMENT
This bill prohibits a person from placing an autodialed telephone call, commonly referred to as a "robocall," to any telephone number assigned to a customer's mobile telecommunications device, as that term is defined in the bill. The provisions of this bill do not apply to autodialed telephone calls from:
1) a school district to students, parents, or employees;
2) an employer advising employees of work schedules;
3) a correctional facility advising victims;
4) an agency of the federal or State government or any political subdivision thereof;
5) a public utility or an electric power or gas supplier pertaining to the service of the customer of record; and
6) a business or healthcare facility concerning the care, services, or supplies related to the health of an individual.
The bill provides that it is to be an unlawful practice and a violation of the consumer fraud act to violate the provisions of this bill, which includes a penalty of not more than $10,000 for the first offense and not more than $20,000 for the second and each subsequent offense.
