The Telemarketing Database Revolving Fund is created in the state treasury to be used exclusively by the Attorney General's office to promote, develop, and maintain a no-call database. The bill requires any person making a telephone solicitation in this state to identify clearly at the beginning of the call himself or herself or the entity initiating the call. Also prohibited is knowingly blocking a caller identification service by a person making a telephone solicitation. The Attorney General is authorized to initiate proceedings for any knowing violation or threatened knowing violation of the bill's provisions. The Attorney General may issue investigative demands and subpoenas, administer oaths, and conduct hearings in investigating any violation.
Violators are also subject to penalties provided in current merchandising practices law.
The bill provides a defense in any action or proceeding that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent such violations. No provider of caller identification service will be liable for violations of the bill's provisions committed by other persons. The bill prohibits any action or proceeding after more than 2 years have passed since the violation occurred or after more than 2 years after the termination of any proceeding or action by the state, whichever is later. A court of the state is authorized to exercise personal jurisdiction over any nonresident as to an action related to a violation. By a tax-exempt nonprofit organization.