II 

112TH CONGRESS 

1ST SESSION S. 1536 

To require disclosure of the physical location of business agents engaging 

in customer service communications, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 9, 2011 

Mr. SCHUMER (for himself, Mr. CASEY, and Mrs. MCCASKILL) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL 

To require disclosure of the physical location of business 

agents engaging in customer service communications, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Notification of Origin 

5 of Telecommunications and Internet Consumer Exchanges 

6 Act of 2011’’ or the ‘‘NOTICE Act of 2011’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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•S 1536 IS

1 (1) BUSINESS ENTITY.—The term ‘‘business 

2 entity’’ means any organization, corporation, trust, 

3 partnership, sole proprietorship, unincorporated as4 sociation, or venture established to make a profit, in 

5 whole or in part, by purposefully availing itself of 

6 the privilege of conducting commerce in the United 

7 States. 

8 (2) COMMERCE.—The term ‘‘commerce’’ has 

9 the meaning given the term in section 3(a) of the 

10 Consumer Product Safety Act (15 U.S.C. 2052(a)). 

11 (3) CONSUMER.—The term ‘‘consumer’’ means 

12 any individual within the territorial jurisdiction of 

13 the United States who purchases, transacts, or con14 tracts for the purchase or transaction of any goods, 

15 merchandise, or services, not for resale in the ordi16 nary course of the individual’s trade or business, but 

17 for the individual’s use or that of a member of the 

18 individual’s household. 

19 (4) CUSTOMER SERVICE COMMUNICATION.— 

20 The term ‘‘customer service communication’’ means 

21 any telecommunication or wire communication be22 tween a consumer and a business entity in further23 ance of commerce. 

24 (5) TELECOMMUNICATION.—The term ‘‘tele25 communication’’ means the transmission, between or 


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•S 1536 IS

1 among points specified by the communicator, of in2 formation of the communicator’s choosing, without 

3 change in the form or content of the information as 

4 sent and received. 

5 (6) WIRE COMMUNICATION.—The term ‘‘wire 

6 communication’’ or ‘‘communication by wire’’ means 

7 the transmission of writing, signs, signals, pictures, 

8 and sounds of all kinds by aid of wire, cable, or 

9 other like connection between the points of origin 

10 and reception of such transmission, including all in11 strumentalities, facilities, apparatus, and services 

12 (among other things, the receipt, forwarding, and 

13 delivery of communications) incidental to such trans14 mission. 

15 SEC. 3. REQUIRED DISCLOSURE BY BUSINESS ENTITIES EN16 GAGED IN CUSTOMER SERVICE COMMUNICA17 TIONS OF PHYSICAL LOCATION. 

18 (a) IN GENERAL.—Except as provided in subsection 

19 (b), a business entity that either initiates or receives a cus20 tomer service communication shall require that each of its 

21 employees or agents participating in the communication 

22 disclose their physical location at the beginning of each 

23 customer service communication so initiated or received. 

24 (b) EXCEPTIONS.— 


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•S 1536 IS

1 (1) BUSINESS ENTITIES LOCATED IN THE

2 UNITED STATES.—The requirements of subsection 

3 (a) shall not apply to a customer service communica4 tion involving a business entity if all of the employ5 ees or agents of the business entity participating in 

6 such communication are physically located in the 

7 United States. 

8 (2) COMMUNICATION INITIATED BY CONSUMER

9 KNOWINGLY TO FOREIGN ENTITY OR ADDRESS.— 

10 The requirements of subsection (a) shall not apply 

11 to an employee or agent of a business entity partici12 pating in a customer service communication with a 

13 consumer if— 

14 (A) the customer service communication 

15 was initiated by the consumer; 

16 (B) the employee or agent is physically lo17 cated outside the United States; and 

18 (C) the consumer knows or reasonably 

19 should know that the employee or agent is 

20 physically located outside the United States. 

21 (3) EMERGENCY SERVICES.—The requirements 

22 of subsection (a) shall not apply to a customer serv23 ice communication relating to the provision of emer24 gency services (as defined by the Federal Trade 

25 Commission). 


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1 (4) BUSINESS ENTITIES AND CUSTOMER SERV2 ICE COMMUNICATIONS EXCLUDED BY FEDERAL

3 TRADE COMMISSION.—The Federal Trade Commis4 sion may exclude certain classes or types of business 

5 entities or customer service communications from 

6 the requirements of subsection (a) if the Commission 

7 finds exceptionally compelling circumstances that 

8 justify such exclusion. 

9 (c) CERTIFICATION REQUIREMENT.—Each year, 

10 each business entity that participates in a customer service 

11 communication shall certify to the Federal Trade Commis12 sion that it has complied or failed to comply with the re13 quirements of subsection (a). 

14 (d) REGULATIONS.—Not later than 1 year after the 

15 date of the enactment of this Act, the Federal Trade Com16 mission shall promulgate such regulations as may be nec17 essary to carry out the provisions of this Act. 

18 (e) EFFECTIVE DATE.—The requirements of sub19 section (a) shall apply with respect to customer service 

20 communications occurring on or after the date that is 1 

21 year after the date of the enactment of this Act. 

22 SEC. 4. ENFORCEMENT. 

23 (a) IN GENERAL.—Any failure to comply with the 

24 provisions of section 3 shall be treated as a violation of 

25 a regulation under section 18(a)(1)(B) of the Federal 


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1 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regard2 ing unfair or deceptive acts or practices. 

3 (b) POWERS OF FEDERAL TRADE COMMISSION.— 

4 (1) IN GENERAL.—The Federal Trade Commis5 sion shall prevent any person from violating this 

6 Act, and any regulation promulgated thereunder, in 

7 the same manner, by the same means, and with the 

8 same jurisdiction, powers, and duties as though all 

9 applicable terms and provisions of the Federal Trade 

10 Commission Act (15 U.S.C. 41 et seq.) were incor11 porated into and made a part of this Act. 

12 (2) PENALTIES.—Any person who violates regu13 lations promulgated under this Act shall be subject 

14 to the penalties and entitled to the privileges and 

15 immunities provided in the Federal Trade Commis16 sion Act in the same manner, by the same means, 

17 and with the same jurisdiction, power, and duties as 

18 though all applicable terms and provisions of the 

19 Federal Trade Commission Act were incorporated 

20 into and made part of this Act. 

21 (c) AUTHORITY PRESERVED.—Nothing in this Act 

22 shall be construed to limit the authority of the Federal 

23 Trade Commission under any other provision of law. 

Æ 


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