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12  AN ACT concerning consumer protection; relating to telephone solici-
13    tation; amending K.S.A. 50-670 and repealing the existing section.
14
15  Be it enacted by the Legislature of the State of Kansas:
16    Section 1.  K.S.A. 50-670 is hereby amended to read as follows: 50-
17  670. (a) As used in this section:
18    (1)  ``Consumer telephone call'' means a call made by a telephone
19  solicitor to the residence of a consumer for the purpose of soliciting a sale
20  of any consumer goods property or services to the person called, or for
21  the purpose of soliciting an extension of credit for consumer goods prop-
22  erty or services to the person called, or for the purpose of obtaining
23  information that will or may be used for the direct solicitation of a sale
24  of consumer goods property or services to the person called or an exten-
25  sion of credit for such purposes;
26    (2)  ``consumer goods or services'' means any tangible personal prop-
27  erty which is normally used for personal, family or household purposes,
28  including, without limitation, any such property intended to be attached
29  to or installed in any real property without regard to whether it is so
30  attached or installed, as well as cemetery lots and time-share estates, and
31  any services related to such property;
32    (3) (2)  ``unsolicited consumer telephone call'' means a consumer tel-
33  ephone call other than a call made:
34    (A)  In response to an express request of the person called;
35    (B)  primarily in connection with an existing debt or contract, payment
36  or performance of which has not been completed at the time of such call;
37  or
38    (C)  to any person with whom the telephone solicitor has an existing
39  business relationship; or
40    (C)  to any person with whom the telephone solicitor has an ex-
41  isting business relationship; or
42    (D) (C) (D)  by a newspaper publisher or such publisher's agent or
43  employee in connection with such publisher's business;
SB 151--Am. by SCW
                                     

 1    (4) (3)  ``telephone solicitor'' means any natural person, firm, organi-
 2  zation, partnership, association or corporation who makes or causes to be
 3  made a consumer telephone call, including, but not limited to, calls made
 4  by use of automatic dialing-announcing device;
 5    (5) (4)  ``automatic dialing-announcing device'' means any user ter-
 6  minal equipment which:
 7    (A)  When connected to a telephone line can dial, with or without
 8  manual assistance, telephone numbers which have been stored or pro-
 9  grammed in the device or are produced or selected by a random or se-
10  quential number generator; or
11    (B)  when connected to a telephone line can disseminate a recorded
12  message to the telephone number called, either with or without manual
13  assistance.[;]
14    (5)  ``negative response'' means a statement from a consumer in-
15  dicating the consumer does not wish to listen to the sales presen-
16  tation or participate in the solicitation presented in the consumer
17  telephone call.
18    (b)  Any telephone solicitor who makes an unsolicited consumer tel-
19  ephone call to a residential telephone number shall:
20    (1)  Identify themselves and the business on whose behalf such person
21  is soliciting and the purpose of the call immediately upon making contact
22  by telephone with the person who is the object of the telephone solici-
23  tation;
24    (2)  within 30 seconds after beginning the conversation, inquire
25  whether the person being solicited is interested in listening to a sales
26  presentation and immediately discontinue the solicitation if the person
27  being solicited gives a negative response; and
28    (1)  Identify themselves;
29    (2)  identify the business on whose behalf such person is soliciting;
30    (3)  identify the purpose of the call immediately upon making contact
31  by telephone with the person who is the object of the telephone solicitation;
32    (4)  within 30 seconds after beginning the conversation, inquire
33  whether the person being solicited is interested in listening to a sales
34  presentation;
35    (5) (4)  immediately discontinue the solicitation if the person being
36  solicited gives a negative response at any time during the consumer tele-
37  phone call; and 
38    (3) (6) (5)  hang up the phone, or in the case of an automatic dialing-
39  announcing device operator, disconnect the automatic dialing-announc-
40  ing device from the telephone line within 25 seconds of the termination
41  of the call by the person being called.
42    (c)  A telephone solicitor shall not be able to withhold the display of
43  the telephone solicitor's business telephone number from a caller identi-
SB 151--Am. by SCW
                                     

 1  fication service when that number is being used for telemarketing pur-
 2  poses and when the telephone solicitor's service or equipment is ca-
 3  pable of allowing the display of such number.
 4    [(d)  A telephone solicitor whose initial contact with a consumer
 5  is through printed material transmitted by telefacsimile machine
 6  shall not transmit any additional printed information if the con-
 7  sumer requests orally or in writing that such transmissions cease.]
 8    (c) (d) [(e)]  Telephone companies Local exchange carriers and
 9  telecommunications carriers shall not be responsible for the enforce-
10  ment of the provisions of this section and shall not be liable for any error
11  or omission in the listings made pursuant hereto.
12    (d) (e) [(f)]  Any violation of this section is an unconscionable act or
13  practice under the Kansas consumer protection act.
14    (e) (f) [(g)]  This section shall be part of and supplemental to the
15  Kansas consumer protection act.
16    Sec. 2.  K.S.A. 50-670 is hereby repealed.
17    Sec. 3.  This act shall take effect and be in force from and after its
18  publication in the statute book.