2008 Telecommunications Legislation

Source: Lexis/Nexis and StateNET

State lawmakers have passed a variety of laws that place restrictions on unsolicited telemarketing calls and unsolicited faxes. For example, Arizona law requires that unsolicited commercial fax advertisements include the name, address, fax number or toll free or local contact telephone number of the vendor. And, both Minnesota and Tennessee specify the font size required to be used in the text of solicited faxes.

In 2008, California, Colorado, Maine, New York, Vermont and West Virginia passed telemarketing or unsolicited fax transmission laws.

California
A.B. 2059 (Enrolled, 08/21/08)
Requires consent from a person to receive a solicitation by mail if that person's telephone number is not listed in the national do not call registry. Requires clear and conspicuous identification of the sender and other information. Provides for criminal penalties and civil liability for violations of the law.

Colorado
H.B. 1412 (Signed by governor, 06/02/08) Chapter No. 392
Revises the revised statutes concerning telephone solicitation in order to reflect the legislative intent of the law.

Maine
S.B. 783 (Signed by governor, 03/07/08) Public Law No. 489
Restores an affirmative defense provision to the state's do not call laws and adds an exemption for telephone calls made to any person with whom the caller has an established business relationship.

New York
A.B. 70 (Signed by governor, 08/05/08) Chapter No. 393
Prohibits unsolicited telefacsimile advertising when a recipient has indicated that they wish not to receive these kind of advertisements. Requires advertisements to inform recipients of the ability to prevent future messages.

Vermont
H.B. 306 (Signed by governor, 05/09/08) Act. No. 134
Provides that in a telephone call in which a consumer authorizes a transfer of money from their financial account to a telemarketer, the telemarketer must retain for four years a recording of the entire conversation containing express oral authorization and a description of the goods or services.

West Virginia
S.B. 272 (Signed by governor, 03/20/08) Act No. 2008-224
Provides that a telemarketer may begin or receive a communication that constitutes a telemarketing solicitation on his own behalf, through a salesperson or through an automated dialing machine.

Statenet