Loading chat...
IN SB0320
Bill
Status
1/7/2019
Primary Sponsor
Randall Head
Click for details
AI Summary
-
After June 30, 2019, Indiana's misleading caller identification law applies only to commercial telephone solicitations rather than all calls to subscribers
-
"Commercial telephone solicitation" is defined as unsolicited calls to sell goods or services where neither the caller nor their employer has a prior business or personal relationship with the recipient
-
Violations of the misleading caller ID statute are added to the list of deceptive acts under Indiana's Deceptive Consumer Sales Act
-
The attorney general may recover attorney fees and court costs in civil actions for knowing or intentional violations, with funds deposited into the consumer protection division telephone solicitation fund
-
Civil penalties for knowing or intentional violations can reach up to $10,000 per violation
Legislative Description
Misleading or inaccurate caller identification. Provides that the attorney general can collect attorney fees and costs in a civil action for a violation of the law prohibiting misleading or inaccurate caller identification. Makes technical changes to the deceptive consumer sales act (act) to: (1) include in the list of acts constituting deceptive acts for purposes of the act, a reference to a violation of the statute concerning misleading or inaccurate caller identification information; and (2) include a reference to the Indiana Code provision that specifies the civil penalty that the attorney general may recover for a knowing or intentional violation of the statute concerning misleading or inaccurate caller identification. Makes the following changes to the statute prohibiting misleading or inaccurate caller identification: (1) Provides that after June 30, 2019, the statute applies to the transmission of information through a caller identification service only with respect to commercial telephone solicitations. (2) Defines "commercial telephone solicitation" as an unsolicited call that is made to a subscriber and with respect to which: (A) neither: (i) the person initiating the call; nor (ii) the employer or person for whom the person initiating the call is acting as an employee, an agent, or a contractor; has had a prior business or personal relationship with the subscriber; and (B) the purpose of the call is to solicit the purchase of goods or services. Specifies that the term does not include calls made in response to a call initiated by a subscriber.
Last Action
First reading: referred to Committee on Judiciary
1/7/2019