SENATE, No. 814

STATE OF NEW JERSEY

218th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 


 

Sponsored by:

Senator† RICHARD J. CODEY

District 27 (Essex and Morris)

 

 

 

 

SYNOPSIS

†††† Prohibits telemarketer from making telephone call that delivers voice message directly to customerís voicemail box without customerís telephone first ringing.

 

CURRENT VERSION OF TEXT

†††† Introduced Pending Technical Review by Legislative Counsel.

††


An Act concerning telemarketers and amending P.L.2003, c.76.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

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

†††† 10.† a. [No] A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call to any customer whose telephone number is included on the no telemarketing call list established pursuant to section 9 of [this act] P.L.2003, c.76 (C.56:8-127), except for a call made within three months of the date the customer's telephone number was first included on the no call list but only if the telemarketer had at the time of the call not yet obtained a no call list which included the customer's telephone number and the no call list used by the telemarketer was issued less than three months prior to the time the call was made.

†††† b.††† A telemarketer making a telemarketing sales call shall, within the first 30 seconds of the call, accurately 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] 9:00 p.m. and [8] 8:00 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, including, but not limited to, the use of any technology or method which displays a telephone number or name not associated with the telemarketer or intentionally designed to misrepresent the telemarketer's identity.†

†††† e. A telemarketer shall not employ any technology that allows a telemarketer to make a telephone call to a customer that delivers a voice message directly to the customerís voicemail without the customerís telephone first ringing.

(cf: P.L.2005, c.289, s.1)

 

†††† 2.††† This act shall take effect 180 days after the date of enactment.

STATEMENT

 

†††† This bill prohibits a telemarketer from employing any technology that allows a telemarketer to make a telephone call to a customer that delivers a voice message directly to the customerís voicemail box without the customerís telephone first ringing.

†††† The bill amends existing law to prevent telemarketers from using technology to circumvent the Stateís law regarding telemarketing calls and the Stateís no telemarketing call list.

†††† A violation of this bill's provisions is an unlawful practice and a violation of the consumer fraud act.† Thus, any person who violates any of the provisions of the bill is liable to a penalty of not more than $10,000 for the first offense and not more than $20,000 for the second and each subsequent offense.