SB 1037 Summary: Telephone Solicitation Act

• Prohibits telephone solicitations using recorded messages in whole or in part, and prohibits calling residential numbers on the National Do-Not-Call Registry unless made by charitable organization volunteers or employees who immediately disclose their name and the organization's information.

• Requires telephone solicitors to state their true name and the full name, address, and phone number of the organization they represent at the beginning of calls, and mandates an available representative during business hours (9 a.m. to 5 p.m. local time) to answer inquiries.

• Bans caller ID spoofing and prohibits misrepresenting the origin or identity of telephone solicitations; restricts use of automatic dialing and announcing devices (ADADs) except with express written authorization or for existing customers.

• Requires written contracts for telephone solicitation sales that include seller information, total price, detailed product/service description, and a bold notice stating no payment obligation exists unless the contract is signed and returned; prohibits requests for payment before express authorization.

• Establishes civil penalties up to $25,000 per violation (enforced by the Attorney General), with enhanced penalties of $50,000-$100,000 for violations targeting vulnerable individuals or vulnerable telephone numbers (emergency services, hospitals, government entities, schools); allows private civil actions for actual damages or $1,000 minimum plus attorney fees.