Requires such rules to prohibit the making of any telephone call for telemarketing purposes to a telephone number included on the registry established and published by the FTC.
Declares that such rules shall not prohibit use of a telephone number of a consumer for: (1) charitable, political opinion polling or other political activities, or other nonprofit activities; (2) use with the consumer's prior written or verbal permission; (3) use primarily in connection with an existing consumer debt or contract that has not been paid or performed; (4) compilation by certain providers of a telephone exchange service or telephone toll service; and (5) use by business to business communication.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 526 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 526
To direct certain Federal agencies to issue rules that coordinate with
the establishment by the Federal Trade Commission of a list of
telephone numbers of consumers who do not want to receive telephone
calls for telemarketing purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2003
Mrs. Johnson of Connecticut (for herself and Mr. Simmons) introduced
the following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Financial Services and
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To direct certain Federal agencies to issue rules that coordinate with
the establishment by the Federal Trade Commission of a list of
telephone numbers of consumers who do not want to receive telephone
calls for telemarketing purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telemarketing Relief Act of 2003''.
SEC. 2. ESTABLISHMENT OF TELEMARKETER NO-CALL RULES BY FEDERAL
AGENCIES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the agencies identified in subsection (b) shall issue
rules that are substantially similar to the Telemarketing Sales Rule
promulgated by the Federal Trade Commission (16 C.F.R. 310).
(b) Agencies Required to Issue Rules.--
(1) The Securities and Exchange Commission shall promulgate
rules required by subsection (a) pursuant to section 3(d) of
the Telemarketing and Consumer Fraud and Abuse Prevention Act
(15 U.S.C. 6102(d)), subject to the exception set forth in
section 3(d)(1)(B) of that Act.
(2) The Commodity Futures Trading Commission shall
promulgate rules required by subsection (a) pursuant to section
6(f) of the Commodity Exchange Act (7 U.S.C. 9b), subject to
the exceptions set forth in paragraph (2) of that section.
(3) The Board of Governors of the Federal Reserve System,
the Federal Home Loan Bank Board, and the National Credit Union
Administration Board shall each promulgate rules required by
subsection (a) pursuant to section 18(f) of the Federal Trade
Commission Act (15 U.S.C. 57a), subject to the exceptions set
forth in clauses (A) and (B) of paragraph (1) of that section.
(c) Federal Communication Commission Rules.--
(1) Promulgation.--Not later than 90 days after the date of
enactment of this Act, the Federal Communications Commission
shall promulgate rules substantially similar to the
Telemarketing Sales Rule promulgated by the Federal Trade
Commission (16 C.F.R. 310).
(2) Application.--The rules promulgated by the Federal
Communications Commission under paragraph (1) shall apply to
telephone solicitations, as defined under section 227(a)(3) of
the Communications Act of 1934 (47 U.S.C. 227(a)(3)).
(3) Enforcement.--Rules issued by the Federal
Communications Commission under this Act shall be enforced by
the Federal Communications Commission in the same manner as
rules issued by the Commission under the Communications Act of
1934 (47 U.S.C. 151 et seq.)
(d) Enforcement of No-Call List Maintained by Federal Trade
Commission.--Rules issued under this section shall prohibit the making
of any telephone call for telemarketing purposes to a telephone number
included on the registry established and published by the Federal Trade
Commission under the Telemarketing Sales Rule (16 C.F.R. 310).
SEC. 3. EXCEPTIONS.
The rules under this Act shall not prohibit use of a telephone
number of a consumer for any of the following:
(1) Charitable, political opinion polling or other
political activities, or other nonprofit activities.
(2) Use with the consumer's prior written or verbal
permission.
(3) Use primarily in connection with an existing debt of
the consumer or contract with the consumer that has not been
paid or performed, respectively.
(4) Compilation, by a provider of telephone exchange
service or telephone toll service as defined under section 3 of
the Communications Act of 1934 (47 U.S.C. 153), of a directory
of telephone numbers of that provider.
(5) Use by one business to communicate with another
business.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Financial Services, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Financial Services, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Financial Services, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Financial Services, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Financial Institutions and Consumer Credit.
Referred to the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises.
Referred to the Subcommittee on Telecommunications and the Internet.
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Referred to the Subcommittee on Farm Commodities and Risk Management.