A1954 —

A1954 1RSEG [FirstStatement Reprint]1/24/19 SENATE ECONOMIC GROWTH COMMITTEE   STATEMENT TO   ASSEMBLY, No.

1954   with committee amendments   STATE OF NEW JERSEY 218th  LEGISLATUREDATED:  PRE-FILEDJANUARY FOR24, INTRODUCTION2019 IN  THE      2018The SESSIONSenate  Economic  Growth SponsoredCommittee by:reports favorably and with committee amendments Assembly Bill No.

Assemblyman 1954. JON M.

BRAMNICK      DistrictAs 21amended (Morris,and Somersetreported, this bill requires a telemarketer, within 30 seconds of making a telemarketing sales call, to provide the customer the name and Union)telephone Assemblyman number PAULof D.the person on whose behalf the call is being made.

MORIARTYA Districtviolation 4of (Camdenthe andbill’s Gloucester)provisions Assemblyman is DANIELto R.constitute a disorderly persons offense.

BENSON      DistrictThe 14bill (Merceralso requires the mailing address of a telemarketer and Middlesex)any  business Co-Sponsoredon by:whose behalf the telemarketer is telemarketing to be disclosed on any website owned or operated by the telemarketer and on any subsequent written communication to customers.

Assemblywoman      Pinkin,The Assemblymenprohibition DePhillips,on Holley,unsolicited Assemblywomensales Jimenez,calls Mosquera,and Assemblymenthe Zwicker,requirement Rooney,to Chiaravalloti,disclose Assemblywomancertain Swain,telemarketer Assemblymeninformation Tully,required Wimberly,in Thomsonthis andbill Assemblywomando Murphynot  apply  to  telemarketing  sales SYNOPSIScalls     when Requiresa telemarketerscustomer tocontacts providethe name,telemarketer mailingvia address,phone andcall telephoneor numberwebsite ofand personaffirmatively onrequests whosea behalffollow-up telemarketing sales call isor made.other contact from the telemarketer.

       CURRENTThe VERSIONcommittee OFamended TEXTthe     bill Asto reportedremove bythe requirement that the Senatemailing Economicaddress Growthof Committeethe telemarketer be provided in the first 30 seconds of the call, and instead require it to be provided on Januaryany 24,telemarketer 2019,website withor amendments.written communication to customers.        The committee also amended the bill to establish that the prohibition on unsolicited sales calls and the requirement to disclose certain telemarketer information required in this bill do not apply to telemarketing sales calls when a customer contacts the telemarketer via phone call or website and affirmatively requests a follow-up telemarketing sales call or other contact from the telemarketer.

       AnAs Actamended concerningand telemarketersreported, andthis amendingbill P.L.2003,is c.76.identical to Senate Bill No.

 3032,     which Bewas Italso Enactedamended by the Senate and Generalreported Assemblyby of the Statecommittee ofon Newthis Jersey:date.

        1.   Section of P.L.2003, c.76 (C.56:8-128) is amended to read as follows:

      10.   a.  [No]  A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call to any customer whose telephone number is included on the no telemarketing call list established pursuant to section 9 of [this act] P.L.2003, c.76 (C.56:8-127), except for a call made within three months of the date the customer’s telephone number was first included on the no call list but only if the telemarketer had at the time of the call not yet obtained a no call list which included the customer’s telephone number and the no call list used by the telemarketer was issued less than three months prior to the time the call was made.

      b.   A telemarketer making a telemarketing sales call shall, within the first 30 seconds of the call, accurately identify the telemarketer’s name, the name 1[, mailing address,]1 and telephone number of the person on whose behalf the call is being made, and the purpose of the call.

A violation of this subsection shall constitute a disorderly persons offense.

      c.   1A telemarketer shall be required to disclose the mailing address of the telemarketer, and any company on whose behalf the company is telemarketing, on any website owned or operated by the telemarketer and on any subsequent written communication to a customer.

      d.1 A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call to any customer between the hours of [9 p.m.

and 8 a.m.] 9:00 p.m.

and 8:00 a.m., local time, at the customer’s location.

      1[d.]  e.1   A telemarketer shall not intentionally use any method that blocks a caller identification service from displaying caller identification information or otherwise circumvents a customer's use of a telephone caller identification service, including, but not limited to, the use of any technology or method which displays a telephone number or name not associated with the telemarketer or intentionally designed to misrepresent the telemarketer’s identity.

      1f.

The requirements of this section shall not apply to any telemarketer who makes a residential marketing call in response to a customer’s phone call or contact with the telemarketer’s website, in which the customer affirmatively requests a follow-up telemarketing sales call or other contact from the telemarketer.1 (cf:

P.L.2005, c.289, s.1)      2.    This act shall take effect on the first day of the seventh month following enactment.