A1305

An Act concerning telemarketing political calls and amending 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:

"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.

"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.

"Local exchange telephone company" means a telecommunications carrier authorized by the Board of Public Utilities to provide local telecommunications services.

"No telemarketing call list" or "no call list" means a list of customers in this State who desire not to receive unsolicited telemarketing [sales] calls. "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, or any plan, program or campaign which is conducted by telephone by or on behalf of a candidate for public office or a political organization including polling done by or on behalf of a candidate for public office or a political organization, but does not include the solicitation of sales or any political communication through media other than a telephone call.

"Telemarketing call" means a telemarketing sales call or a telemarketing political call.

"Telemarketing political call" means a telephone call made as part of any plan, program or campaign which is conducted by telephone by or on behalf of a candidate for public office or a political organization, including polling done by or on behalf of a
candidate for public office or a political organization.

"Telemarketing sales call" means a telephone call made by a telemarketer to a customer to encourage the purchase or rental of, or investment in, merchandise, except for continuing services.

"Unsolicited telemarketing [sales] call" means any telemarketing [sales] call other than a call made:

(1) in response to an express written request of the customer called; or

(2) 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.76, s.2)

2. Section 3 of P.L.2003, c.76 (C.56:8-121) is amended to read as follows:

3. a. A person shall not make or cause to be made, or attempt to make or cause to be made, an unsolicited telemarketing sales call to a customer in the State of New Jersey unless that person is registered with or employed by a person who is registered with the Division of Consumer Affairs in the Department of Law and Public Safety in accordance with the provisions of this act.

b. Every telemarketer other than those making a telemarketing political call, including telemarketers whose residence or principal place of business is located outside of this State, shall annually register with the director. Application for registration shall be on a form provided by the director and shall include the name and address of the applicant and any other information which the director shall prescribe by rule. The application shall be accompanied by a reasonable fee, set by the director in an amount sufficient to defray the division's expenses incurred in administering and enforcing this act.

(cf: P.L.2003, c.76, s.3)

3. Section 10 of P.L. 2003, c. 76 (C.56:8-128) is amended to read as follows:

10. a. No telemarketer shall make or cause to be made any unsolicited telemarketing [sales] call to any customer more than 45 days after the customer's telephone number appears on the no telemarketing call list established pursuant to section 9 of this act.

b. A telemarketer making a telemarketing [sales] call shall, within the first 30 seconds of the call, 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 p.m. and 8 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.

(cf. P.L. 2003, c.76, s.10)

4. Section 12 of P.L.2003, c.76 (C.56:8-130) is amended to read as follows:

12. a. No telemarketer shall make or cause to be made any telemarketing [sales] call to a commercial mobile service device of any customer, except that a telemarketer that is a commercial mobile services company may call its customer using its commercial mobile services if its customer will not incur telecommunication charges or a usage allocation deduction as a result of such call and the call is directly related to the commercial mobile services of the commercial mobile services company, unless the customer has stated to the commercial mobile services company that the customer no longer desires to receive these calls.

b. For purposes of this section, "commercial mobile service" means a type of mobile telecommunications service as defined in subsection (d) of section 332 of the Communications Act of 1934 (47 U.S.C. s.332(d)); and "commercial mobile service device" means any equipment used for the purpose of providing commercial mobile service.

c. The provisions of this section shall apply to those numbers for commercial mobile service devices which the division is able to distinguish from numbers for devices for telecommunications service as defined in section 2 of P.L.1991, c.428 (C.48:2-21.17) on the 30th day following certification of such to the Governor and the Legislature.

(cf. P.L.2003, c.76, s.12)

5. Section 14 of P.L.2003, c.76 (C.56:8-132) is amended to read as follows:

14. A violation of any provision of this act 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 if:

a. 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;

b. the person has trained telemarketers in the person's employ in the requirements of this act;

c. the person maintains records demonstrating compliance with subsections a. and b. of this section and the requirements of this act; and

d. any unsolicited telemarketing [sales] call is an isolated call made no more than one time in a 12-month period.

Notwithstanding the provisions of this section to the contrary, in the case of a telemarketing political call, a person may not be required to obtain a copy of, and update quarterly, the no call list.

(cf. P.L.2003, c.76, s.14)

6. This act shall take effect immediately.

STATEMENT

This bill amends P.L.2003, c.76 (C.56:8-119 et seq.), an act which concerns unsolicited telemarketing sales calls, to add telemarketing political calls to the telemarketing calls covered by the "no call list" provisions of the act. This bill defines "telemarketing political call" as a telephone call made as part of any plan, program or campaign which is conducted by telephone by or on behalf of a candidate for public office or a political organization including polling done by or on behalf of a candidate for public office or a political organization. In this bill, a "telemarketing call" is defined as a telemarketing sales call or a telemarketing political call.

This bill does not require telemarketers who make telemarketing political calls to register with the Division of Consumer Affairs in the Department of Law and Public Safety or to comply with the other provisions in sections 3 through 8 of P.L.2003, c.76 (C.56:8-121 through 56:8-126) which apply to telemarketers making telemarketing sales calls.