Sponsored by:
Senator JON M. BRAMNICK
District 21 (Middlesex, Morris, Somerset and Union)
SYNOPSIS
Prohibits certain caller identification service manipulation and provides additional penalty.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain telemarketing sales calls and caller identification service and amending P.L.2003, c.76.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2003, c.76 (C.56:8-119) is amended to read as follows:
1. a. The Legislature finds and declares that telemarketing calls:
(1) Have interrupted the public's privacy, family life, and home sanctity with unsolicited phone calls to sell products and services;
(2) Cannot be selectively ignored by recipients, since the calls are commonly made by means which do not enable the recipient to use a caller [I.D.] identification service to identify, in advance, a telemarketing call or an emergency, given that the telemarketer may intentionally use a method that manipulates what is displayed on a caller identification service, including using a technology or method that displays a telephone number or name not associated with the telemarketer or is intentionally designed to misrepresent the telemarketer's identity;
(3) May arrive at inconvenient times when a resident or family member is retired for the night;
(4) May arrive when a resident or family member is having a meal and the interruption disrupts valuable time when family members are together, where family members are more remote from a telephone and when food may, during the interruption, cool, melt, thicken, dry, or undergo a change in palatability;
(5) May arrive at inconvenient times when a resident or family member is engaged in entertainment, a compelling activity, or relaxation;
(6) Use a strategy called "predictive calling" which results in tens of thousands of call recipients rushing to answer phone calls, to find no one is on the line. This results in great aggravation and inconvenience to the public, merely to spare telemarketers [(] , who [won't] will not identify themselves as the source of the aggravation[)] , the inconvenience of finding no one home;
(7) Have been made to wireless phone lines resulting in cost to the recipient, and in some cases, endangering the recipient's safety when they may have been driving;
(8) Have been increasing in number, causing increased inconvenience, widespread public outrage and urgent appeals to protect the public from such calls;
(9) Are not the only means for marketers to promote their product or services to prospective customers, although marketers often claim it to be more economical and more productive than other means to provide the benefits of increased competition. Marketers have available printed mail, [email] electronic mail, [face to face] face-to-face personal solicitation, and various forms of advertising;
(10) Are in some cases beyond the regulatory jurisdiction of this Legislature and any New Jersey statute, because they are forms of speech protected by State and federal constitutional case law.
b. The Legislature further declares it to be the policy of this State to provide the broadest possible protection to protect public privacy and the sanctity of homes and to protect families and individuals from unsolicited interruptions. In furtherance of this policy, the establishment of a disorderly persons offense for the intentional use of a method that manipulates a caller identification service, including using a technology or method that displays a telephone number or name not associated with the telemarketer or is intentionally designed to misrepresent the telemarketer's identity, is necessary to reduce the number of circumstances where that intentional method is used to deceive the residents of this State.
c. It is not the intent of the State to restrict telemarketing activity where such activity is protected by State and federal case law, where such restriction is prohibited by State and federal constitutional case law or to restrict purely charitable activities.
(cf: P.L.2003, c.76, s.1)
2. Section 2 of P.L.2003, c.76 (C.56:8-120) is amended to read as follows:
2. As used in [this act] P.L.2003, c.76 (C.56:8-119 et seq.):
Caller identification information means information provided by a caller identification service regarding the telephone number, location, organization, or other information regarding the origination of a call or text message made using a voice telecommunications service.
Caller identification service means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call or text message made using a voice telecommunications service, and includes automatic number identification services.
"Customer" means an individual who is a resident of this State and a prospective recipient of a telemarketing sales call.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Local exchange telephone company" means a telecommunications carrier authorized by the Board of Public Utilities to provide local telecommunications services.
"Merchandise" means merchandise as defined in subsection (c) of section 1 of P.L.1960, c.39 (C.56:8-1), including an extension of credit.
"No telemarketing call list" or "no call list" means a list of telephone numbers of customers in this State who desire not to receive unsolicited telemarketing sales calls.
"Telemarketer" means any entity, whether an individual proprietor, corporation, partnership, limited liability corporation or any other form of business organization, whether on behalf of itself or others, who makes residential telemarketing sales calls to a customer when the customer is in this State or any person who directly controls or supervises the conduct of a telemarketer.
"Telemarketing" means any plan, program or campaign which is conducted by telephone to encourage the purchase or rental of, or investment in, merchandise, but does not include the solicitation of sales through media other than a telephone call.
"Telemarketing sales call" means a telephone call made by a telemarketer to a customer as part of a plan, program or campaign to encourage the purchase or rental of, or investment in, merchandise, except for continuing services. A telephone call made to an existing customer for the sole purpose of collecting on accounts or following up on contractual obligations shall not be deemed a telemarketing sales call.
"Unsolicited telemarketing sales call" means any telemarketing sales call other than a call made:
(1) in response to an express written request of the customer called; or
(2) to an existing customer, which shall include the ability to collect on accounts and follow up on contractual obligations, unless the customer has stated to the telemarketer that the c