Chapter 564 Oregon Laws 1999

Session Law

AN ACT

SB 915

Relating to telephone solicitation; creating new provisions; amending ORS 646.567, 646.569 and 646.571; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 646.569 is amended to read:

646.569. (1) A person [is in violation of ORS 646.608 (1)(cc) if the person engages in the telephone solicitation of a party and that party is identified in the party's telephone directory as a party that does not wish to receive any telephone solicitation] shall not engage in the telephone solicitation of a party at a telephone number included on the then current list published by the administrator of the telephone solicitation program established under sections 3 and 4 of this 1999 Act.

(2) For purposes of this section, "telephone solicitation" [also] does not include a person soliciting business from prospective purchasers who have previously purchased from the person making the solicitation or the business enterprise for which the person is calling.

SECTION 2. Sections 3 to 5 of this 1999 Act are added to and made a part of ORS 646.567 to 646.571.

SECTION 3. The Attorney General shall advertise for bids and enter into a contract with a person to act as the administrator of the telephone solicitation program described in section 4 of this 1999 Act. The contract may include any provision that the Attorney General determines is in the public interest.

SECTION 4. (1) The administrator referred to in section 3 of this 1999 Act shall create, maintain and distribute a database containing a list of telephone numbers of parties who do not wish to receive any telephone solicitation at the listed numbers. Beginning on the date specified in the contract between the administrator and the Attorney General and at least once each month thereafter, the administrator shall update the list by:

(a) Adding the numbers of parties who have filed notice and paid the fee as required in this section; and

(b) Removing the numbers of those parties who have requested that their numbers be removed or whose listing has expired without renewal.

(2) A party may file notice together with a fee of $10 per listed number, or such lesser amount as may be specified in the contract, with the administrator indicating the party's desire to place telephone numbers on the list described in subsection (1) of this section. The notice shall be filed in the form and manner specified in the contract between the administrator and the Attorney General. The notice shall be effective for the calendar year in which it is filed and may be renewed by the filing and payment of an additional notice and fee as specified in the contract.

(3) The administrator shall not furnish the list or any information about a party to any person, except as follows:

(a) Upon request of a person engaging or intending to engage in telephone solicitations and after payment of a fee in an amount specified in the contract between the administrator and the Attorney General, the administrator shall furnish the most recent copy of the list described in subsection (1) of this section to the person. The list shall be made available in printed and electronic form.

(b) Upon request of a qualified trade association and after payment of a fee in an amount specified in the contract between the administrator and the Attorney General, the administrator shall furnish the most recent copy of the list described in subsection (1) of this section to the qualified trade association. The list shall be made available in printed and electronic form. A qualified trade association receiving a list under this subsection may make the list available to its members on any terms the association and its members may impose.

(c) Upon request of the Attorney General for the purpose of enforcing ORS 646.569, the administrator shall furnish the Attorney General with all information requested by the Attorney General concerning a party or any person who the Attorney General believes has engaged in a solicitation prohibited by ORS 646.569. The administrator shall not charge any fee for furnishing the information to the Attorney General.

(d) Upon request of any party who has filed a notice and paid the fee as provided in subsection (2) of this section, the administrator shall furnish the party with all information requested by that party concerning the party or any person who the party believes has engaged in a solicitation prohibited by ORS 646.569. The administrator shall not charge any fee for furnishing the information to the party.

(e) The administrator shall comply with any lawful subpoena or court order directing disclosure of the list and of any other information.

(f) The administrator shall provide all information that may be requested by any successor administrator who may be selected by the Attorney General. The administrator shall not charge any fee for furnishing the information to the successor administrator.

(4) The administrator shall promptly forward any complaints concerning alleged violations of ORS 646.569 to the Attorney General.

(5) Fees paid to the administrator under this section shall be considered income to the administrator in the manner specified in the contract between the administrator and the Attorney General.

SECTION 5. In the manner provided by ORS 183.310 to 183.550, the Attorney General may adopt rules relating to any aspect of the establishment, operation or administration of the telephone solicitation program established under sections 3 and 4 of this 1999 Act.

SECTION 6. ORS 646.567 is amended to read:

646.567. As used in ORS 646.567 to 646.571, unless the context otherwise requires:

(1) "Charitable organization" means an organization organized for charitable purposes as defined in ORS 128.801.

(2) "Party" means a residential telephone customer of a telecommunications company.

(3) "Qualified trade association" means an organization with at least the following characteristics:

(a) Written bylaws or governing documents including a code of conduct for its members; and

(b) Criteria and procedures for expelling or suspending members who violate the association's bylaws or governing documents.

[(3)] (4) "Telephone solicitation" means the solicitation by telephone by any person of a party at the residence of the party for the purpose of encouraging the party to purchase property, goods or services, or make a donation. "Telephone solicitation" does not include:

(a) Calls made in response to a request or inquiry by the called party;

(b) Calls made by a charitable organization, a public agency or volunteers on behalf of the organization or agency to members of the organization or agency or to persons who have donated or expressed an interest in donating goods, services or real estate;

(d) Business to business contacts.

SECTION 7. ORS 646.571 is amended to read:

646.571. [(1)] The Public Utility Commission shall by rule require that telecommunications companies inform parties of the provisions of ORS 646.567 to 646.571 and 646.608. Notification may be by:

[(a)] (1) Annual inserts in the billing statements mailed to parties; or

[(b)] (2) Conspicuous publication of the notice in the consumer information pages of local telephone directories.

[(2) Telecommunications companies may provide for the identification of those parties in a telephone directory who do not wish to receive telephone solicitations.]

SECTION 8. (1) Sections 3 to 5 of this 1999 Act and the amendments to ORS 646.567 by section 6 of this 1999 Act become operative November 1, 1999.

(2) The amendments to ORS 646.569 and 646.571 by sections 1 and 7 of this 1999 Act become operative January 1, 2000.

(3) The amendments to ORS 646.569 and 646.571 by sections 1 and 7 of this 1999 Act apply to telephone solicitations made on or after January 1, 2000.

(4) The Attorney General may take any action before any operative date set forth in this section that is necessary to enable the Attorney General to exercise, on and after any operative date set forth in this section, all the duties, functions and powers conferred on the Attorney General by sections 3 to 5 of this 1999 Act and ORS 646.567, 646.569 and 646.571, as amended by sections 1, 6 and 7 of this 1999 Act.

SECTION 9. The first contract described in section 3 of this 1999 Act shall be awarded not later than January 1, 2000.

SECTION 10. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor July 8, 1999

Filed in the office of Secretary of State July 8, 1999

Effective date July 8, 1999

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