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Telemarketing is a legitimate business practice, but some unscrupulous individuals are using high-pressure, deceptive tactics to defraud Texans. Consumers nationwide lose an estimated $40 billion each year through telemarketing fraud and complain that telemarketers invade their privacy and irritate them with numerous or aggressive solicitations over the telephone. The FBI estimates that about 14,000 illegal telemarketing establishments are operating throughout the country and victimize people of all ages, but especially the elderly. To address these concerns in Texas, the Legislature enacted House Bill 472, which establishes the Texas Telemarketing Disclosure and Privacy Act (the No-Call List bill).
This bill will require the Public Utilities Commission (PUC) to establish the Texas no-call list for Texas residential customers who have asked to be on the list. The cost would be $3.00 to get your name on the list for a period of three years with a provision for renewal for another three years. Beginning in January 2002, the PUC will be required to provide a request form for customers who want to be on the no-call list, plus a toll-free number and Internet mail address where customers could call or write to get a copy of the form.
The PUC will be required to take and investigate customers' complaints and could assess administrative penalties up to $1,000 per violation by a telemarketer.
Other provisions of the bill include:
* Telemarketers cannot block the identity of their telephone number from a Caller ID machine.
* Fax transmissions from telemarketers must have a cover sheet stating the complete name of the solicitor and street address of the business and provide a toll-free number. The solicitor would have to acknowledge within 24 hours a recipient's request not to be faxed again.
* If there were subsequent violations of the no-call provisions by telemarketers, a consumer could bring a civil action. The courts could award up to $1,500 per violation.
The bill is effective January 1, 2002. For more information, an Internet website will be available in several months at www.puc.state.tx.us
State Representative Ron Clark
P.O. Box 2910
Austin, TX 78768-2910
(903) 893-9426 * (512) 463-0474
(512) 475-3767 (fax)
ron.clark@house.state.tx.us
http://www.grayson.edu/district62/RonClark.html
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