A. Shall, in February, May, August and November of each year, obtain subscription listings of consumers in this State who have arranged to be included on the national do- not-call list maintained by the Telephone Preference Service of the Direct Marketing Association, Inc., Farmingdale, New York or its successor organization; and

B. May not call any consumer in this State whose name is on the national do-not-call list.

A person is not in violation of paragraph B if the person obtained the listing of a consumer in accordance with paragraph A but called that consumer as the result of a good faith error.

SUMMARY

This bill, reported out by the Joint Standing Committee on Utilities and Energy pursuant to a joint order, amends the transient sales law with respect to telemarketers and modifies the law regarding the use of automated telephone calling devices. Specifically, this bill:

1. Incorporates the Federal Trade Commission's Telemarketing Sales Rule into the transient sales law;

2. Prohibits a transient seller of consumer merchandise who is a telemarketer and who initiates telephone contact with a consumer from obtaining or submitting for payment a check, draft or other form of negotiable paper drawn on a consumer's checking, savings or bond or other account without the consumer's express, verifiable written authorization;

3. Prohibits a transient seller of consumer merchandise who is a telemarketer and who initiates telephone contact with a consumer from procuring the services of any professional delivery courier or other pick-up service to obtain immediate receipt or possession of a consumer's payment, unless the goods are delivered with the opportunity to inspect before any payment is collected;

4. Requires a transient seller of consumer merchandise who is a telemarketer to obtain subscription listings of consumers