SB 224 — Make changes to the telemarketing law

As ReportedPassed by the Senate Judiciary Committee 136th General Assembly Regular Session S.

224 2025-2026 Senator Gavarone Cosponsor:Cosponsors:

SenatorSenators ManningManning, Blackshear, Cirino, Craig, DeMora, Hicks- Hudson, Ingram, Johnson, O'Brien, Patton, Reineke, Reynolds, Roegner, Romanchuk, Timken, Weinstein To amend section 109.87 of the Revised Code to make 1 changes to the telemarketing law.

14 (b) "Voice service provider" means any entity originating, 15 carrying, or terminating voice calls through time-division 16 multiplexing, voice over internet protocol, including 17 interconnectedS. or one-way voice over internet protocol, or 18 commercial mobile radio service.

19 S.

224 Page 2 As ReportedPassed by the Senate Judiciary Committee (c) "Voice service" means any service that is 20 interconnected with the public switched telephone network, 21 directly or asone-way an intermediary, and that furnishes voice 22over communicationsinternet toprotocol, an end user using resources from the North 23 American numbering plan or any18 successorcommercial tomobile theradio Northservice. American 24 numbering plan adopted by the federal communications commission 25 under the Communications Act of 1934, 47 U.S.C.

19 (c) "Voice service" means any service that is 20 interconnected with the public switched telephone network, 21 directly or as an intermediary, and that furnishes voice 22 communications to an end user using resources from the North 23 American numbering plan or any successor to the North American 24 numbering plan adopted by the federal communications commission 25 under the Communications Act of 1934, 47 U.S.C.

45 (e) "Text messaging service" means a service that enables 46 the transmission or receipt of a text message, including a 47 service provided as part of or in connection with a voice 48 S.

224 Page 3 As ReportedPassed by the Senate Judiciarythe Committeetransmission or receipt of a text message, including a 47 service provided as part of or in connection with a voice 48 service.

74 (iii) The network of the voice service provider is not the 75 first domestic provider handling the voice service or text 76 messaging service that originates outside of the United 77 S.

224 Page 4 As ReportedPassed by the Senate Judiciaryfirst Committeedomestic provider handling the voice service or text 76 messaging service that originates outside of the United 77 StatesOperating as an eligible telecommunications carrier 78 designated by rule by the public utilities commission pursuant 79 to section 4927.04 of the Revised Code.

101 (2) If the matter to be produced under division (C)(1) of 102 this section is located outside this state, the attorney general 103 may designate any representative, including any official of the 104 state in which the matter is located, to inspect the matter on 105 theS. behalf of the attorney general.

The person subpoenaed may 106 make the matter available to the attorney general at a 107 S.

224 Page 5 As ReportedPassed by the Senate Judiciary Committee convenient location within the statebehalf orof pay the reasonable and 108 necessary expenses for the attorney generalgeneral. or the attorney 109 general's representative to examine the matter at the place 110 where it is located, provided that those expenses shall not be 111 charged to a party that subsequently is not found to have 112 engaged in a violation of this section or any provision of a 113 federal act or rule.

The person subpoenaed may 106 make the matter available to the attorney general at a 107 convenient location within the state or pay the reasonable and 108 necessary expenses for the attorney general or the attorney 109 general's representative to examine the matter at the place 110 where it is located, provided that those expenses shall not be 111 charged to a party that subsequently is not found to have 112 engaged in a violation of this section or any provision of a 113 federal act or rule.

134 (5) If an individual subpoenaed under division (C)(1) of 135 this section refuses to testify or to produce relevant matter 136 pursuant to the subpoena on the ground that the testimony or 137 S.

224 Page 6 As ReportedPassed by the Senate Judiciarythis Committeesection refuses to testify or to produce relevant matter 136 pursuant to the subpoena on the ground that the testimony or 137 matter may incriminate the individual, the attorney general may 138 request the court to order the individual to provide the 139 testimony or matter.

160 (a) During an investigation under division (C) of this 161 section, afford the person who is the subject of the 162 investigation, in a manner considered appropriate to that 163 person, an opportunity to cease and desist from any suspected 164 violation of this section or any provision of a federal act or 165 rule.S.

The attorney general may suspend the investigation during 166 the period that the attorney general permits the person to cease 167 S.

224 Page 7 As ReportedPassed by the Senate Judiciaryrule. Committee and desist from that suspected violation.

The attorney general may suspend the investigation during 166 the period that the attorney general permits the person to cease 167 and desist from that suspected violation.

194 (9) The procedures that are available to the attorney 195 general under division (C) of this section are cumulative and 196 concurrent, and the exercise of one procedure by the attorney 197 general does not preclude or require the exercise of any other 198 S.

224 Page 8 As ReportedPassed by the Senate Judiciaryconcurrent, Committeeand the exercise of one procedure by the attorney 197 general does not preclude or require the exercise of any other 198 procedure.

An award of damages or civil 225 penalties may be recovered under this section or under the 226 applicable federal act or rule, but an award of damages or civil 227 penaltiesS. shall not be recovered under both this section and the 228 applicable federal act or rule.

229 S.

224 Page 9 As ReportedPassed by the Senate Judiciarypenalties Committee (3) If a civil action has been instituted by or on behalf 230 of the federal trade commission or the federal communications 231 commission for a violation of any provision of an applicable 232 federal act or rule, the attorney general, during the pendency 233 of that action, shall not institutebe anyrecovered civil action under 234both division (D)(1) of this section againstand any defendant that is 235 named in the complaint228 inapplicable the civil action that has been 236 instituted by or on behalf of the federal tradeact commission or 237rule. the federal communications commission, whichever is applicable, 238 for any violation that is alleged in that complaint.

229 (3) If a civil action has been instituted by or on behalf 230 of the federal trade commission or the federal communications 231 commission for a violation of any provision of an applicable 232 federal act or rule, the attorney general, during the pendency 233 of that action, shall not institute any civil action under 234 division (D)(1) of this section against any defendant that is 235 named in the complaint in the civil action that has been 236 instituted by or on behalf of the federal trade commission or 237 the federal communications commission, whichever is applicable, 238 for any violation that is alleged in that complaint.

256 (E) Any civil action that the attorney general brings in a 257 federal court under division (D)(1) of this section shall comply 258 with the applicable provisions of the federal act or rule the 259 S.

224 Page 10 As ReportedPassed by the Senate Judiciaryfederal Committeecourt under division (D)(1) of this section shall comply 258 with the applicable provisions of the federal act or rule the 259 violation of which is the subject of the action.