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IN HB1601
Bill
Status
1/22/2019
Primary Sponsor
Melanie Wright
Click for details
AI Summary
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Expands the consumer protection division telephone solicitation fund to cover administration of telephone solicitor registration and automatic dialing machine regulation, plus reimbursing county prosecutors for extradition expenses related to telephone solicitation violations
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Requires all sellers attempting telephone solicitations to register with the consumer protection division before doing business in Indiana, removing the previous exemption for sales under $100 or over $50,000
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Increases the criminal penalty for failing to register as a telephone solicitor from a Level 6 felony to a Level 5 felony
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Elevates automatic dialing machine violations from a Class C misdemeanor to a Level 6 felony, and caller ID spoofing violations from Class B/A misdemeanors to a Level 6 felony
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Directs civil penalties recovered by the attorney general for telephone solicitor registration and automatic dialing machine violations to be deposited into the telephone solicitation fund, effective July 1, 2019
Legislative Description
Telephone solicitations. Allows the consumer protection division (division) of the office of the attorney general to use the consumer protection division telephone solicitation fund (fund) to: (1) administer the statutes concerning: (A) the registration of telephone solicitors; and (B) the regulation of automatic dialing machines; and (2) reimburse county prosecutors for expenses incurred in extraditing violators of these and other state and federal statutes concerning telephone solicitations. (Current law provides that the fund may only be used to administer: (1) the state's "do not call" statute; (2) the federal statute concerning restrictions on the use of telephone equipment; and (3) the state statute concerning misleading or inaccurate caller identification.) Provides that certain civil penalties recovered by the attorney general for violations of the statutes concerning: (1) the registration of telephone solicitors; and (2) the regulation of automatic dialing machines; shall be deposited in the fund. Amends the statute concerning the registration of telephone solicitors to require all sellers attempting to solicit prospects by telephone to register with the division before doing business in Indiana. (Current law only requires registration by sellers who offer one or more items with a total value of more than $100 and less than $50,000.) Increases the level of existing criminal offenses for violations of the state statutes concerning: (1) the registration of telephone solicitors; (2) the regulation of automatic dialing machines; and (3) misleading or inaccurate caller identification.
Last Action
First reading: referred to Committee on Utilities, Energy and Telecommunications
1/22/2019