[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3911 Introduced in House (IH)]
2d Session
H. R. 3911
To direct the Federal Trade Commission to issue rules that establish a
list of telephone numbers of consumers who do not want to receive
telephone calls for telemarketing purposes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 7, 2002
Mrs. Johnson of Connecticut 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 the Federal Trade Commission to issue rules that establish a
list of telephone numbers of consumers who do not want to receive
telephone calls for telemarketing purposes, and for other 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 2002''.
SEC. 2. ESTABLISHMENT OF TELEMARKETER NO-CALL LIST BY FEDERAL TRADE
COMMISSION.
Not later than 180 days after the date of the enactment of this
Act, the Federal Trade Commission shall amend its rules under section
3(a) of the Telemarketing and Consumer Fraud and Abuse Prevention Act
(15 U.S.C. 6102(a)), to--
(1) establish a list of telephone numbers of consumers who
have notified the Commission or a Federal agency referred to in
section 3 that they do not want to receive telephone calls for
telemarketing purposes;
(2) specify the manner by which consumers shall notify the
Commission for purposes of paragraph (1);
(3) make the list under paragraph (1) available to the
public; and
(4) subject to section 3, prohibit, as a deceptive or
abusive telemarketing act or practice, the making of any
telephone call for telemarketing purposes to a telephone number
included on the list under paragraph (2).
SEC. 3. RULES BY OTHER FEDERAL AGENCIES.
(a) In General.--Not later than 90 days after the effective date of
rules issued under section 2, and subject to subsection (c)--
(1) the Securities and Exchange Commission shall amend its
rules under section 3(d) of the Telemarketing and Consumer
Fraud and Abuse Prevention Act (15 U.S.C. 6102(d)) in
substantially the same manner as the Federal Trade Commission
amends its rules pursuant to subsection (a) of this section,
subject to the exception set forth in section 3(d)(1)(B) of
that Act;
(2) the Commodity Futures Trading Commission shall amend
its rules under section 6(f) of the Commodity Exchange Act (7
U.S.C. 9b), in substantially the same such manner, subject to
the exceptions set forth in paragraph (2) of that section; and
(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 amend its rules under section
18(f) of the Federal Trade Commission Act (15 U.S.C. 57a) in
substantially the same such manner, subject to the exceptions
set forth in clauses (A) and (B) of paragraph (1) of that
section.
(b) Federal Communication Commission Rules.--
(1) Promulgation.--
(A) In general.--Except as provided in subparagraph
(B), and subject to subsection (c), not later than 90
days after the effective date of rules promulgated by
the Federal Trade Commission under section 2, the
Federal Communications Commission shall promulgate
rules substantially similar to such rules to prohibit
deceptive and other abusive telemarketing acts or
practices by persons described in paragraph (2).
(B) Exception.--The Federal Communications
Commission is not required to promulgate a rule under
subparagraph (A) if it determines that--
(i) rules adopted by the Federal
Communications Commission provide protection
from deceptive and other abusive telemarketing
by persons described in paragraph (2)
substantially similar to that provided by rules
promulgated by the Federal Trade Commission
under section 2; or
(ii) such a rule promulgated by the Federal
Communications Commission is not necessary or
appropriate in the public interest, or for the
protection of consumers.
(C) Publication of determination.--If the Federal
Communications Commission determines that an exception
described in clause (i) or (ii) of subparagraph (B)
applies, the Federal Communications Commission shall
publish in the Federal Register its determination with
the reasons for it.
(2) Application.--The rules promulgated by the Federal
Communications Commission under paragraph (1)(A) shall apply to
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).
(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.)
(c) 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 list established and published by the Federal Trade
Commission under section 2.
(d) Provision of List to Federal Trade Commission.--Each Federal
agency referred to in subsection (a) or (b) shall promptly provide to
the Federal Trade Commission the list of telephone numbers established
by the agency pursuant to section 2(1), and any revisions to such list.
SEC. 4. 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
nonprofit activities.
(2) Use with the consumer's prior written or verbal
permission.
(3) Contacting a consumer in response to the consumer's
visit to an establishment with a fixed location.
(4) Use primarily in connection with an existing debt of
the consumer or contract with the consumer that has not been
paid or performed, respectively.
(5) Communication by a person with the consumer regarding
an existing relationship between the person and the consumer.
(6) 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.
(7) Use by one business to communicate with another
business.
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