[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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