[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3843 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3843

   To require disclosure of the physical location of business agents 
  engaging in customer service communications, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2010

   Mr. Schumer (for himself, Mrs. Gillibrand, Mr. Feingold, and Mrs. 
Boxer) introduced the following bill; which was read twice and referred 
       to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To require disclosure of the physical location of business agents 
  engaging in customer service communications, 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 ``Notification of Origin of 
Telecommunications and Internet Consumer Exchanges Act of 2010'' or the 
``NOTICE Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Business entity.--The term ``business entity'' means 
        any organization, corporation, trust, partnership, sole 
        proprietorship, unincorporated association, or venture 
        established to make a profit, in whole or in part, by 
        purposefully availing itself of the privilege of conducting 
        commerce in the United States.
            (2) Commerce.--The term ``commerce'' has the meaning given 
        the term in section 3(a) of the Consumer Product Safety Act (15 
        U.S.C. 2052(a)).
            (3) Consumer.--The term ``consumer'' means any individual 
        within the territorial jurisdiction of the United States who 
        purchases, transacts, or contracts for the purchase or 
        transaction of any goods, merchandise, or services, not for 
        resale in the ordinary course of the individual's trade or 
        business, but for the individual's use or that of a member of 
        the individual's household.
            (4) Customer service communication.--The term ``customer 
        service communication'' means any telecommunication or wire 
        communication between a consumer and a business entity in 
        furtherance of commerce.
            (5) Telecommunication.--The term ``telecommunication'' 
        means the transmission, between or among points specified by 
        the communicator, of information of the communicator's 
        choosing, without change in the form or content of the 
        information as sent and received.
            (6) Wire communication.--The term ``wire communication'' or 
        ``communication by wire'' means the transmission of writing, 
        signs, signals, pictures, and sounds of all kinds by aid of 
        wire, cable, or other like connection between the points of 
        origin and reception of such transmission, including all 
        instrumentalities, facilities, apparatus, and services (among 
        other things, the receipt, forwarding, and delivery of 
        communications) incidental to such transmission.

SEC. 3. REQUIRED DISCLOSURE BY BUSINESS ENTITIES ENGAGED IN CUSTOMER 
              SERVICE COMMUNICATIONS OF PHYSICAL LOCATION.

    (a) In General.--Except as provided in subsection (b), a business 
entity that either initiates or receives a customer service 
communication shall require that each of its employees or agents 
participating in the communication disclose their physical location at 
the beginning of each customer service communication so initiated or 
received.
    (b) Exceptions.--
            (1) Business entities located in the united states.--The 
        requirements of subsection (a) shall not apply to a customer 
        service communication involving a business entity if all of the 
        employees or agents of the business entity participating in 
        such communication are physically located in the United States.
            (2) Communication initiated by consumer knowingly to 
        foreign entity or address.--The requirements of subsection (a) 
        shall not apply to an employee or agent of a business entity 
        participating in a customer service communication with a 
        consumer if--
                    (A) the customer service communication was 
                initiated by the consumer;
                    (B) the employee or agent is physically located 
                outside the United States; and
                    (C) the consumer knows or reasonably should know 
                that the employee or agent is physically located 
                outside the United States.
            (3) Emergency services.--The requirements of subsection (a) 
        shall not apply to a customer service communication relating to 
        the provision of emergency services (as defined by the Federal 
        Trade Commission).
            (4) Business entities and customer service communications 
        excluded by federal trade commission.--The Federal Trade 
        Commission may exclude certain classes or types of business 
        entities or customer service communications from the 
        requirements of subsection (a) if the Commission finds 
        exceptionally compelling circumstances that justify such 
        exclusion.
    (c) Certification Requirement.--Each year, each business entity 
that participates in a customer service communication shall certify to 
the Federal Trade Commission that it has complied or failed to comply 
with the requirements of subsection (a).
    (d) Regulations.--Not later than 1 year after the date of the 
enactment of this Act, the Federal Trade Commission shall promulgate 
such regulations as may be necessary to carry out the provisions of 
this Act.
    (e) Effective Date.--The requirements of subsection (a) shall apply 
with respect to customer service communications occurring on or after 
the date that is 1 year after the date of the enactment of this Act.

SEC. 4. ENFORCEMENT.

    (a) In General.--Any failure to comply with the provisions of 
section 3 shall be treated as a violation of a regulation under section 
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
    (b) Powers of Federal Trade Commission.--
            (1) In general.--The Federal Trade Commission shall prevent 
        any person from violating this Act, and any regulation 
        promulgated thereunder, in the same manner, by the same means, 
        and with the same jurisdiction, powers, and duties as though 
        all applicable terms and provisions of the Federal Trade 
        Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
        and made a part of this Act.
            (2) Penalties.--Any person who violates regulations 
        promulgated under this Act shall be subject to the penalties 
        and entitled to the privileges and immunities provided in the 
        Federal Trade Commission Act in the same manner, by the same 
        means, and with the same jurisdiction, power, and duties as 
        though all applicable terms and provisions of the Federal Trade 
        Commission Act were incorporated into and made part of this 
        Act.
    (c) Authority Preserved.--Nothing in this Act shall be construed to 
limit the authority of the Federal Trade Commission under any other 
provision of law.
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