I 

111TH CONGRESS 

2D SESSION H. R. 6309 

To require disclosure of the physical location of business agents engaging 

in customer service communications, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Mr. BISHOP of New York introduced the following bill; which was referred to 

the Committee on Energy and Commerce 

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 2010’’ or the ‘‘NOTICE Act of 2010’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

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

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


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1 partnership, sole proprietorship, unincorporated as2 sociation, or venture established to make a profit, in 

3 whole or in part, by purposefully availing itself of 

4 the privilege of conducting commerce in the United 

5 States. 

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

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

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

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

10 any individual within the territorial jurisdiction of 

11 the United States who purchases, transacts, or con12 tracts for the purchase or transaction of any goods, 

13 merchandise, or services, not for resale in the ordi14 nary course of the individual’s trade or business, but 

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

16 individual’s household. 

17 (4) CUSTOMER SERVICE COMMUNICATION.— 

18 The term ‘‘customer service communication’’ means 

19 any telecommunication or wire communication be20 tween a consumer and a business entity in further21 ance of commerce. 

22 (5) TELECOMMUNICATION.—The term ‘‘tele23 communication’’ means the transmission, between or 

24 among points specified by the communicator, of in25 formation of the communicator’s choosing, without 


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1 change in the form or content of the information as 

2 sent and received. 

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

4 communication’’ or ‘‘communication by wire’’ means 

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

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

7 other like connection between the points of origin 

8 and reception of such transmission, including all in9 strumentalities, facilities, apparatus, and services 

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

11 delivery of communications) incidental to such trans12 mission. 

13 SEC. 3. REQUIRED DISCLOSURE BY BUSINESS ENTITIES EN14 GAGED IN CUSTOMER SERVICE COMMUNICA15 TIONS OF PHYSICAL LOCATION. 

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

17 (b), a business entity that either initiates or receives a cus18 tomer service communication shall require that each of its 

19 employees or agents participating in the communication 

20 disclose their physical location at the beginning of each 

21 customer service communication so initiated or received. 

22 (b) EXCEPTIONS.— 

23 (1) BUSINESS ENTITIES LOCATED IN THE

24 UNITED STATES.—The requirements of subsection 

25 (a) shall not apply to a customer service communicaVerDate Mar 15 2010 02:25 Oct 09, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6309.IH H6309

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1 tion involving a business entity if all of the employ2 ees or agents of the business entity participating in 

3 such communication are physically located in the 

4 United States. 

5 (2) COMMUNICATION INITIATED BY CONSUMER

6 KNOWINGLY TO FOREIGN ENTITY OR ADDRESS.— 

7 The requirements of subsection (a) shall not apply 

8 to an employee or agent of a business entity partici9 pating in a customer service communication with a 

10 consumer if— 

11 (A) the customer service communication 

12 was initiated by the consumer; 

13 (B) the employee or agent is physically lo14 cated outside the United States; and 

15 (C) the consumer knows or reasonably 

16 should know that the employee or agent is 

17 physically located outside the United States. 

18 (3) EMERGENCY SERVICES.—The requirements 

19 of subsection (a) shall not apply to a customer serv20 ice communication relating to the provision of emer21 gency services (as defined by the Federal Trade 

22 Commission). 

23 (4) BUSINESS ENTITIES AND CUSTOMER SERV24 ICE COMMUNICATIONS EXCLUDED BY FEDERAL

25 TRADE COMMISSION.—The Federal Trade CommisVerDate Mar 15 2010 02:25 Oct 09, 2010 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6309.IH H6309

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1 sion may exclude certain classes or types of business 

2 entities or customer service communications from 

3 the requirements of subsection (a) if the Commission 

4 finds exceptionally compelling circumstances that 

5 justify such exclusion. 

6 (c) CERTIFICATION REQUIREMENT.—Each year, 

7 each business entity that participates in a customer service 

8 communication shall certify to the Federal Trade Commis9 sion that it has complied or failed to comply with the re10 quirements of subsection (a). 

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

12 date of the enactment of this Act, the Federal Trade Com13 mission shall promulgate such regulations as may be nec14 essary to carry out the provisions of this Act. 

15 (e) EFFECTIVE DATE.—The requirements of sub16 section (a) shall apply with respect to customer service 

17 communications occurring on or after the date that is 1 

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

19 SEC. 4. ENFORCEMENT. 

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

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

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

23 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regard24 ing unfair or deceptive acts or practices. 

25 (b) POWERS OF FEDERAL TRADE COMMISSION.— 


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1 (1) IN GENERAL.—The Federal Trade Commis2 sion shall prevent any person from violating this 

3 Act, and any regulation promulgated thereunder, in 

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

5 same jurisdiction, powers, and duties as though all 

6 applicable terms and provisions of the Federal Trade 

7 Commission Act (15 U.S.C. 41 et seq.) were incor8 porated into and made a part of this Act. 

9 (2) PENALTIES.—Any person who violates regu10 lations promulgated under this Act shall be subject 

11 to the penalties and entitled to the privileges and 

12 immunities provided in the Federal Trade Commis13 sion Act in the same manner, by the same means, 

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

15 though all applicable terms and provisions of the 

16 Federal Trade Commission Act were incorporated 

17 into and made part of this Act. 

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

19 shall be construed to limit the authority of the Federal 

20 Trade Commission under any other provision of law. 

Æ 


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