Session of 2000
HOUSE BILL No. 2784
By Committee on Governmental Organization and
Elections
2-1
10 AN ACT amending
the Kansas consumer protection act; prohibiting cer-
11 tain consumer
telephone calls and providing remedies for violations;
12 amending K.S.A. 1999
Supp. 50-670 and repealing the existing section.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 50-670 is hereby amended to read as
16 follows: 50-670. (a) As used in this
section:
17 (1) "Consumer
telephone call" means a call made by a telephone
18 solicitor to the residence of a consumer
for the purpose of soliciting a
19 sale of any property or services to the
person called, or for the purpose
20 of soliciting an extension of credit for
property or services to the person
21 called, or for the purpose of obtaining
information that will or may be
22 used for the direct solicitation of a sale
of property or services to the
23 person called or an extension of credit for
such purposes;.
24 (2) "Unsolicited
consumer telephone call" means a consumer tele-
25 phone call other than a call made:
26 (A) In response
to an express request of the person called; or
27 (B) primarily in
connection with an existing debt or contract, payment
28 or performance of which has not been
completed at the time of such call;.
29 (C) to
any person with whom the telephone solicitor or the
telephone
30 solicitor's predecessor in interest
had an existing business relationship if
31 the solicitor is not an employee, a
contract employee or an independent
32 contractor of a provider of
telecommunications services; or
33 (D) by a
newspaper publisher or such publisher's agent or
employee
34 in connection with such publisher's
business;
35
(3) "telephone solicitor" means any natural person, firm,
organiza-
36 tion, partnership, association or
corporation who makes or causes to be
37 made a consumer telephone call,
including, but not limited to, calls made
38 by use of automatic
dialing-announcing device;
39
(4) "automatic dialing-announcing device" means any user
terminal
40 equipment which:
41 (A) When
connected to a telephone line can dial, with or
without
42 manual assistance, telephone
numbers which have been stored or pro-
43 grammed in the device or are
produced or selected by a random or se-
2
1 quential number generator;
or
2
(B) when connected to a telephone line can disseminate a
recorded
3 message to the telephone
number called, either with or without manual
4 assistance;
5
(5) "negative response" means a statement from a consumer
indicat-
6 ing the consumer does not
wish to listen to the sales presentation or
7 participate in the
solicitation presented in the consumer telephone call.
8
(b) Any telephone solicitor who makes an unsolicited consumer
tel-
9 ephone call to a residential
telephone number shall:
10
(1) Identify themselves;
11
(2) identify the business on whose behalf such person is
soliciting;
12
(3) identify the purpose of the call immediately upon making
contact
13 by telephone with the person who is
the object of the telephone
14 solicitation;
15 (4)
promptly discontinue the solicitation if the person being
solicited
16 gives a negative response at any
time during the consumer telephone call;
17 and
18 (5) hang
up the phone, or in the case of an automatic
dialing-an-
19 nouncing device operator,
disconnect the automatic dialing-announcing
20 device from the telephone line
within 25 seconds of the termination of
21 the call by the person being
called.
22 (c) A
telephone solicitor shall not withhold the display of the
tele-
23 phone solicitor's telephone number
from a caller identification service
24 when that number is being used for
telemarketing purposes and when
25 the telephone solicitor's service
or equipment is capable of allowing the
26 display of such
number.
27 (d) A
telephone solicitor shall not transmit any written
information
28 by facsimile machine or computer to
a consumer after the consumer
29 requests orally or in writing that
such transmissions cease.
30 (e) A
telephone solicitor shall not obtain by use of any
professional
31 delivery, courier or other pickup
service receipt or possession of a con-
32 sumer's payment unless the goods
are delivered with the opportunity to
33 inspect before any payment is
collected.
34 (f)
(b) No person shall make an unsolicited consumer telephone
call
35 to a residential telephone number in
this state.
36 (c) Local
exchange carriers and telecommunications carriers shall not
37 be responsible for the enforcement of the
provisions of this section.
38 (g)
(d) Any violation of this section is an unconscionable
act or prac-
39 tice under the Kansas consumer protection
act.
40 (h)
(e) This section shall be part of and supplemental to
the Kansas
41 consumer protection act.
42 Sec. 2. K.S.A. 1999 Supp. 50-670
is hereby repealed.
43 Sec. 3. This act shall
take effect and be in force from and after its
3
1 publication in the statute book.