H. B. 2290
(By Delegate Talbott)
[Introduced January 13, 2010; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §46A-6F-115, relating
to a no telephone solicitation contact (Do Not Call) list
being maintained by the Public Service Commission; providing
that telephone subscribers and telephone service consumers may
pay a modest fee to be placed on the "Do Not Call" list;
providing that the Public Service Commission create the "No
Call" list for sale to telemarketers; and civil penalties for
violations of this new section.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §46A-6F-115, to read as
follows:
ARTICLE 6F. TELEMARKETING.
§46A-6F-115. The "Do Not Call" list; Legislative findings; Public Service Commission; rules; fees; penalties.
(a) The Legislature finds that there exists an increasing
growth in the number of telemarketer solicitation contacts with
consumers of this state and, despite recent legislation to remove
some of the most egregious annoyances, there remains a substantial
body of consumers who wish to receive no telephone solicitations at
all. The Legislature further finds that it is within the province
of the state to protect its citizens and their homes from unwanted
intrusions, including those prosecuted by telephone, and
implementing measures to interdict these unwanted telephone calls
would be for a public purpose. Therefore, the Legislature:
(1) Confers upon the Public Service Commission authority in
creating, managing, maintaining and enforcing a statewide database
for a "Do Not Call" list or, contracting with a private company in
creating and maintaining the database; exercising rule-making
authority necessary for assisting telephone subscribers desiring to
be on the "Do Not Call" list, establishing fees within those
amounts allowed under this section for both consumers and
telemarketers, creating, maintaining and administering a "Consumer
Protection" Trust Fund in managing fees paid for the cost of
maintaining the database and other related expenses; and enforcing
the penalty provisions of this statute, all of which should be
liberally construed to protect the public's privacy rights.
(2) Any residential, mobile or telephonic paging device consumer desiring to be placed on a "Do Not Call" list, is placed
upon the list by notifying the Public Service Commission in writing
and paying the Public Service Commission an initial list fee the
Public Service Commission may assess up to $10.00 per consumer.
The consumer's notice shall be in a form approved by the Public
Service Commission and the program will be maintained in the
following manner:
(A) The consumer's listing is for a period of up to three
years, and may be renewed by the Public Service Commission for
additional periods of up to three years each, if the consumer pays
a renewal fee, which the Public Service Commission may assess in an
amount up to five dollars per renewal;
(B) The first "Do Not Call" list shall be published on or
before October 30, 2009. The Public Service Commission shall
update its "Do Not Call" list quarterly and provide this list to
telephone solicitors upon request and receipt by the Public Service
Commission of a list distribution fee, which the Public Service
Commission may assess in an amount up to $25.00 per list;
(C) All fees imposed pursuant to this section shall be
deposited in the Consumer Protection Trust Fund and used for the
furtherance of the Public Service Commission's duties under this
section; and
(D) The "Do Not Call" lists are not subject to public
inspection or disclosure and may only be used for the purposes for which they were created. The Consumer Protection Division of the
Office of the Attorney General is entitled to access.
(b) Within thirty days after a new "Do Not Call" list has been
published by the Public Service Commission, no telephone solicitor
shall cause to be made any telephone solicitation, as defined in
section one hundred and twelve of this article, to any telephone
number which is assigned by a telephone company to a person listed
on the "Do Not Call" list as appears in the then current quarterly
listing published by the Public Service Commission.
(c) Any violation of this section is an unfair or deceptive
act or practice within the meaning of subsection (f), section one
hundred and two, article six of this chapter and subjects the
person violating the terms of this section to a civil penalty, to
be imposed by the circuit court having jurisdiction, as follows:
For the first violation, not to exceed $500; for the second
violation, not to exceed $2,500; for the third and subsequent
violations, not to exceed $5,000 per violation. Penalties received
under this section are expended pursuant to legislative
appropriation.
(d) This section is not applicable to telephone solicitations
in sections two hundred and one through two hundred and twenty of
this article.
(e) For purposes of this section, "telephone company" means a
person providing telecommunications services any segment of the public, for compensation, by wire, cable, radio, lightwaves,
cellular signal or other means. "Telecommunications services"
means the conveyance of voice, data, sign, signal, writing, sound,
messages or other information at any frequency over any part of the
electromagnetic spectrum.
(f) The Public Service Commission, under its rule-making
power, shall require local telephone companies to notify consumers
annually of their right to be placed on the "Do Not Call" list.
NOTE: The purpose of this bill is to provide that telephone
subscribers and telephone service consumers, desiring to be placed
on a "Do Not Call" list, indicating that the subscriber or consumer
does not wish to receive telephone solicitations, may pay a modest
fee to be placed on the "Do Not Call" list maintained by the Public
Service Commission. The bill also provides penalties for
violations of the "Do No Call" list.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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