ASSEMBLY, No. 2214

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 27, 1996

 

 

By Assemblyman GREENWALD

 

 

An Act concerning recorded telephone messages and supplementing P.L.1993, c.252 (C.48:17-27 et seq.).

 

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

 

    1. A caller within the State shall not use a telephone or telephone line to call any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service or other radio common carrier service, or any service for which the called party is charged for the call, to deliver a recorded message other than a call made for emergency purposes or made with the prior express consent of the called party.

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would supplement State law prohibiting the use of telephone lines to deliver recorded messages, to clarify that the prohibition applies to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service or other radio common carrier service, or any service for which the called party is charged for the call. The provisions of the bill are similar to the federal "Telephone Consumer Protection Act of 1991," 47 U.S.C. §227 (b)(1), which prohibits the making of interstate telephone calls to deliver recorded messages without the prior consent of the party called, unless the call is initiated for emergency purposes or is exempted by rule or order of the Federal Communications Commission. The constitutionality of the federal law was upheld in the case of Moser v. F.C.C., 46 F.3d. 970 (9th Cir. 1995).

    A person who violates the provisions of State law regarding use of telephone lines to deliver recorded messages is subject to a penalty of not less than $300 or more than $800.


                             

 

Clarifies that State law prohibiting use of telephone lines to deliver recorded messages applies to any service for which the called party is charged for the call.