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HB2435 - 104th General Assembly
TELE SOLICITATION-AUTO DIALER
House Sponsors
Rep. Michael Crawford - Lisa Davis - Harry Benton - Matt Hanson - Norine K. Hammond, Diane Blair-Sherlock, Martin J. Moylan, Kevin John Olickal, Camille Y. Lilly, Nicolle Grasse, Yolonda Morris, Kelly M. Cassidy, Terra Costa Howard, Eva-Dina Delgado, Edgar González, Jr., Tom Weber, Travis Weaver, Martha Deuter, Rick Ryan, Laura Faver Dias, Suzanne M. Ness, Debbie Meyers-Martin, Kimberly Du Buclet, Janet Yang Rohr, Daniel Didech, Aarón M. Ortíz, Fred Crespo, Gregg Johnson, Nabeela Syed, Barbara Hernandez, Lilian Jiménez, Sharon Chung, Sonya M. Harper, Jay Hoffman, Thaddeus Jones, Curtis J. Tarver, II, Amy Briel, Michelle Mussman, Robyn Gabel, Jennifer Gong-Gershowitz, Jehan Gordon-Booth, Maura Hirschauer, Maurice A. West, II, Anna Moeller, Ann M. Williams, La Shawn K. Ford, Katie Stuart, Dave Vella, Hoan Huynh, Stephanie A. Kifowit, Jawaharial Williams, Theresa Mah, William "Will" Davis, Marcus C. Evans, Jr. and Bradley Fritts
Senate Sponsors
(Sen. Elgie R. Sims, Jr., Sally J. Turner, Andrew S. Chesney, Sue Rezin, Darby A. Hills, Neil Anderson, Chapin Rose, Chris Balkema, Dave Syverson, Terri Bryant, Seth Lewis, Christopher Belt, Linda Holmes, Mary Edly-Allen, Michael W. Halpin, Laura Ellman, Doris Turner and Meg Loughran Cappel)
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Telephone Solicitations Act. Provides that no person shall solicit the sale of goods or services in the State through automatic dialing, the use of an auto dialer, or the use of a computer program designed to mimic a human operator, unless the person being contacted has expressly consented to be contacted in this manner. Provides that, if a person has previously consented to be contacted in the manner otherwise prohibited, the consent shall only be valid for a period of one year and the person shall be allowed to withdraw that consent at any time in the same manner that the consent was given. Provides that a person to whom consent has been given shall not sell, give, transfer, or assign that consent to another person. Provides for exemptions to the provision. Provides that any customer who is subject to a violation of the provision may bring an action for damages of $500 per violation, plus costs and reasonable attorney's fees. Makes a change to the definition of "emergency telephone number".
House Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Changes references from "telephone solicitations" to "telephone calls". Provides that no person shall initiate a telephone solicitation in the State through the use of automatic dialing and announcing. Provides that the provision applies to all commercial telephone solicitation intended to be received by a telephone customer in the State, unless the person being contacted has expressly consented to be contacted in this manner or has an existing business relationship with the person initiating the telephone solicitation. Provides that the provisions shall not apply to calls or alerts: (1) made by a not-for-profit organization that is exempt from taxation under Section 501 of the Internal Revenue Code; (2) made by a health care provider, office, and facility licensed in the State; or (3) made by a public utility or telecommunications carrier in the State. Defines "automatic dialing and announcing" and "existing business relationship". Makes other changes.
House Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the bill, as amended by House Amendment No. 1, with the following changes. Changes references from "automatic dialing and announcing" to "automatic telephone dialing system". Removes a provision limiting recoverable damages in the case of a class action. Makes conforming changes.
Actions
| Date | Chamber | Action |
|---|---|---|
| 2/03/2025 | House | Filed with the Clerk by Rep. Michael Crawford |
| 2/04/2025 | House | Added Co-Sponsor Rep. Diane Blair-Sherlock |
| 2/04/2025 | House | Added Co-Sponsor Rep. Martin J. Moylan |
| 2/04/2025 | House | First Reading |
| 2/04/2025 | House | Referred to Rules Committee |
| 2/05/2025 | House | Added Chief Co-Sponsor Rep. Lisa Davis |
| 2/10/2025 | House | Added Co-Sponsor Rep. Kevin John Olickal |
| 2/25/2025 | House | Assigned to Consumer Protection Committee |
| 2/27/2025 | House | Added Co-Sponsor Rep. Camille Y. Lilly |
| 3/04/2025 | House | Added Chief Co-Sponsor Rep. Harry Benton |
| 3/06/2025 | House | Added Co-Sponsor Rep. Nicolle Grasse |
| 3/12/2025 | House | Added Chief Co-Sponsor Rep. Matt Hanson |
| 3/13/2025 | House | Added Co-Sponsor Rep. Yolonda Morris |
| 3/17/2025 | House | House Committee Amendment No. 1 Filed with Clerk by Rep. Michael Crawford |
| 3/17/2025 | House | House Committee Amendment No. 1 Referred to Rules Committee |
| 3/18/2025 | House | House Committee Amendment No. 1 Rules Refers to Consumer Protection Committee |
| 3/18/2025 | House | Added Co-Sponsor Rep. Kelly M. Cassidy |
| 3/18/2025 | House | Added Co-Sponsor Rep. Terra Costa Howard |
| 3/18/2025 | House | Added Co-Sponsor Rep. Eva-Dina Delgado |
| 3/18/2025 | House | Added Co-Sponsor Rep. Edgar González, Jr. |
| 3/18/2025 | House | House Committee Amendment No. 1 Adopted in Consumer Protection Committee; by Voice Vote |
| 3/18/2025 | House | Do Pass as Amended / Short Debate Consumer Protection Committee; 009-000-000 |
| 3/19/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
| 3/19/2025 | House | Added Co-Sponsor Rep. Tom Weber |
| 3/19/2025 | House | Added Co-Sponsor Rep. Travis Weaver |
| 3/19/2025 | House | Added Chief Co-Sponsor Rep. Norine K. Hammond |
| 3/19/2025 | House | Chief Co-Sponsor Changed to Rep. Norine K. Hammond |
| 3/21/2025 | House | Added Co-Sponsor Rep. Martha Deuter |
| 3/21/2025 | House | Added Co-Sponsor Rep. Rick Ryan |
| 3/25/2025 | House | Added Co-Sponsor Rep. Laura Faver Dias |
| 3/26/2025 | House | Second Reading - Short Debate |
| 3/26/2025 | House | Held on Calendar Order of Second Reading - Short Debate |
| 4/07/2025 | House | House Floor Amendment No. 2 Filed with Clerk by Rep. Michael Crawford |
| 4/07/2025 | House | House Floor Amendment No. 2 Referred to Rules Committee |
| 4/07/2025 | House | House Floor Amendment No. 2 Rules Refers to Consumer Protection Committee |
| 4/08/2025 | House | House Floor Amendment No. 2 Recommends Be Adopted Consumer Protection Committee; 008-000-000 |
| 4/09/2025 | House | House Floor Amendment No. 2 Adopted |
| 4/09/2025 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 4/09/2025 | House | Third Reading - Short Debate - Passed 113-000-000 |
| 4/09/2025 | House | Added Co-Sponsor Rep. Suzanne M. Ness |
| 4/09/2025 | House | Added Co-Sponsor Rep. Debbie Meyers-Martin |
| 4/09/2025 | House | Added Co-Sponsor Rep. Kimberly Du Buclet |
| 4/09/2025 | House | Added Co-Sponsor Rep. Janet Yang Rohr |
| 4/09/2025 | House | Added Co-Sponsor Rep. Daniel Didech |
| 4/09/2025 | House | Added Co-Sponsor Rep. Aarón M. Ortíz |
| 4/09/2025 | House | Added Co-Sponsor Rep. Fred Crespo |
| 4/09/2025 | House | Added Co-Sponsor Rep. Gregg Johnson |
| 4/09/2025 | House | Added Co-Sponsor Rep. Nabeela Syed |
| 4/09/2025 | House | Added Co-Sponsor Rep. Barbara Hernandez |
| 4/09/2025 | House | Added Co-Sponsor Rep. Lilian Jiménez |
| 4/09/2025 | House | Added Co-Sponsor Rep. Sharon Chung |
| 4/09/2025 | House | Added Co-Sponsor Rep. Sonya M. Harper |
| 4/09/2025 | House | Added Co-Sponsor Rep. Jay Hoffman |
| 4/09/2025 | House | Added Co-Sponsor Rep. Thaddeus Jones |
| 4/09/2025 | House | Added Co-Sponsor Rep. Curtis J. Tarver, II |
| 4/09/2025 | House | Added Co-Sponsor Rep. Amy Briel |
| 4/09/2025 | House | Added Co-Sponsor Rep. Michelle Mussman |
| 4/09/2025 | House | Added Co-Sponsor Rep. Robyn Gabel |
| 4/09/2025 | House | Added Co-Sponsor Rep. Jennifer Gong-Gershowitz |
| 4/09/2025 | House | Added Co-Sponsor Rep. Jehan Gordon-Booth |
| 4/09/2025 | House | Added Co-Sponsor Rep. Maura Hirschauer |
| 4/09/2025 | House | Added Co-Sponsor Rep. Maurice A. West, II |
| 4/09/2025 | House | Added Co-Sponsor Rep. Anna Moeller |
| 4/09/2025 | House | Added Co-Sponsor Rep. Ann M. Williams |
| 4/09/2025 | House | Added Co-Sponsor Rep. La Shawn K. Ford |
| 4/09/2025 | House | Added Co-Sponsor Rep. Katie Stuart |
| 4/09/2025 | House | Added Co-Sponsor Rep. Dave Vella |
| 4/09/2025 | House | Added Co-Sponsor Rep. Hoan Huynh |
| 4/09/2025 | House | Added Co-Sponsor Rep. Stephanie A. Kifowit |
| 4/09/2025 | House | Added Co-Sponsor Rep. Jawaharial Williams |
| 4/09/2025 | House | Added Co-Sponsor Rep. Theresa Mah |
| 4/09/2025 | House | Added Co-Sponsor Rep. William "Will" Davis |
| 4/09/2025 | House | Added Co-Sponsor Rep. Marcus C. Evans, Jr. |
| 4/10/2025 | Senate | Arrive in Senate |
| 4/10/2025 | Senate | Placed on Calendar Order of First Reading |
| 4/10/2025 | Senate | Chief Senate Sponsor Sen. Elgie R. Sims, Jr. |
| 4/10/2025 | Senate | First Reading |
| 4/10/2025 | Senate | Referred to Assignments |
| 4/10/2025 | Senate | Added as Alternate Co-Sponsor Sen. Sally J. Turner |
| 4/29/2025 | Senate | Assigned to Energy and Public Utilities |
| 4/30/2025 | House | Added Co-Sponsor Rep. Bradley Fritts |
| 5/05/2025 | Senate | Added as Alternate Co-Sponsor Sen. Andrew S. Chesney |
| 5/05/2025 | Senate | Added as Alternate Co-Sponsor Sen. Sue Rezin |
| 5/05/2025 | Senate | Added as Alternate Co-Sponsor Sen. Darby A. Hills |
| 5/06/2025 | Senate | Added as Alternate Co-Sponsor Sen. Neil Anderson |
| 5/06/2025 | Senate | Added as Alternate Co-Sponsor Sen. Chapin Rose |
| 5/07/2025 | Senate | Added as Alternate Co-Sponsor Sen. Chris Balkema |
| 5/08/2025 | Senate | Added as Alternate Co-Sponsor Sen. Dave Syverson |
| 5/08/2025 | Senate | Do Pass Energy and Public Utilities; 012-000-000 |
| 5/08/2025 | Senate | Placed on Calendar Order of 2nd Reading May 13, 2025 |
| 5/08/2025 | Senate | Added as Alternate Co-Sponsor Sen. Terri Bryant |
| 5/08/2025 | Senate | Added as Alternate Co-Sponsor Sen. Seth Lewis |
| 5/12/2025 | Senate | Added as Alternate Co-Sponsor Sen. Christopher Belt |
| 5/21/2025 | Senate | Senate Floor Amendment No. 1 Filed with Secretary by Sen. Elgie R. Sims, Jr. |
| 5/21/2025 | Senate | Senate Floor Amendment No. 1 Referred to Assignments |
| 5/21/2025 | Senate | Second Reading |
| 5/21/2025 | Senate | Placed on Calendar Order of 3rd Reading May 22, 2025 |
| 5/23/2025 | Senate | Rule 2-10 Third Reading/Passage Deadline Established As June 1, 2025 |
| 5/27/2025 | Senate | Senate Floor Amendment No. 1 Assignments Refers to Energy and Public Utilities |
| 5/29/2025 | Senate | Senate Floor Amendment No. 1 Recommend Do Adopt Energy and Public Utilities; 009-000-000 |
| 5/31/2025 | Senate | Added as Alternate Co-Sponsor Sen. Linda Holmes |
| 5/31/2025 | Senate | Added as Alternate Co-Sponsor Sen. Mary Edly-Allen |
| 5/31/2025 | Senate | Added as Alternate Co-Sponsor Sen. Michael W. Halpin |
| 5/31/2025 | Senate | Added as Alternate Co-Sponsor Sen. Laura Ellman |
| 5/31/2025 | Senate | Added as Alternate Co-Sponsor Sen. Doris Turner |
| 6/02/2025 | Senate | Rule 3-9(a) / Re-referred to Assignments |
| 6/04/2025 | Senate | Added as Alternate Co-Sponsor Sen. Meg Loughran Cappel |