Chapter 170 Oregon Laws 2001

AN ACT

HB 2212

Relating to list of persons who do not wish to receive telephone solicitations; amending ORS 646.567 and 646.574.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 646.567 is amended to read:

646.567. As used in ORS 646.567 to 646.578, unless the context otherwise requires:

(1) “Charitable organization” means an organization organized for charitable purposes as defined in ORS 128.801.

(2) “Information about a party” means information specific to a party, including but not limited to the name and residence address of the party and the method by which the party paid the fee required by ORS 646.574.

[(2)] (3) “Party” means a residential telephone customer of a telecommunications company.

[(3)] (4) “Qualified trade association” means an organization with at least the following characteristics:

(a) Written bylaws or governing documents including a code of conduct for its members; and

(b) Criteria and procedures for expelling or suspending members who violate the association’s bylaws or governing documents.

[(4)] (5) “Telephone solicitation” means the solicitation by telephone by any person of a party at the residence of the party for the purpose of encouraging the party to purchase property, goods or services, or make a donation. “Telephone solicitation” does not include:

(a) Calls made in response to a request or inquiry by the called party;

(b) Calls made by a charitable organization, a public agency or volunteers on behalf of the organization or agency to members of the organization or agency or to persons who have donated or expressed an interest in donating goods, services or real estate;

(d) Business to business contacts.

SECTION 2. ORS 646.574 is amended to read:

646.574. (1) The administrator referred to in ORS 646.572 shall create, maintain and distribute a database containing a list of telephone numbers of parties who do not wish to receive any telephone solicitation at the listed numbers. Beginning on the date specified in the contract between the administrator and the Attorney General and at least once each [month] quarter thereafter, the administrator shall update the list by:

(a) Adding the numbers of parties who have filed notice and paid the fee as required in this section; and

(b) Removing the numbers of those parties who have requested that their numbers be removed or whose listing has expired without renewal.

(2) A party may file notice together with a fee of $10 per listed number, or such lesser amount as may be specified in the contract, with the administrator indicating the party’s desire to place telephone numbers on the list described in subsection (1) of this section. The notice shall be filed in the form and manner specified in the contract between the administrator and the Attorney General. [The notice shall be effective for the calendar year in which it is filed and may be renewed by the filing and payment of an additional notice and fee as specified in the contract.] The notice is effective for one year from the date the party files the notice. The party may renew the notice for additional periods of one year by filing an additional notice and paying an additional fee by the anniversary of the original filing date of the notice.

(3) Information about a party is confidential. The Attorney General may not disclose information about a party.

[(3)] (4) The administrator shall not furnish the list or disclose any information about a party to any person, except as follows:

(a) Upon request of a person engaging or intending to engage in telephone solicitations and after payment of [a fee in an amount] the fees in the amounts specified in the contract between the administrator and the Attorney General, the administrator shall furnish [the most recent copy of the list described in subsection (1) of this section to the person. The list shall be made available in printed and electronic form.] to the person:

(A) The most recent copy of the list described in subsection (1) of this section.

(B) The names of the parties whose telephone numbers are on the list.

(b) Upon request of a qualified trade association and after payment of [a fee in an amount] the fees in the amounts specified in the contract between the administrator and the Attorney General, the administrator shall furnish [the most recent copy of the list described in subsection (1) of this section to the qualified trade association. The list shall be made available in printed and electronic form. A qualified trade association receiving a list under this subsection may make the list available to its members on any terms the association and its members may impose.] to the qualified trade association:

(A) The most recent copy of the list described in subsection (1) of this section.

(B) The names of the parties whose telephone numbers are on the list.

(c) A qualified trade association that receives a list or the names of the parties whose telephone numbers are on the list under this subsection may make the list or the names available to its members on any terms the association and its members may impose.

[(c)] (d) Upon request of the Attorney General for the purpose of enforcing ORS 646.569, the administrator shall furnish the Attorney General with all requested information [requested by the Attorney General concerning] about a party or any person who the Attorney General believes has engaged in a solicitation prohibited by ORS 646.569. The administrator shall not charge any fee for furnishing the information to the Attorney General.

[(d)] (e) Upon request of any party who has filed a notice and paid the fee as provided in subsection (2) of this section, the administrator shall furnish the party with all requested information [requested by that party concerning] about the party or any person who the party believes has engaged in a solicitation prohibited by ORS 646.569. The administrator shall not charge any fee for furnishing the information to the party.

[(e)] (f) The administrator shall comply with any lawful subpoena or court order directing disclosure of the list and of any other information.

[(f)] (g) The administrator shall provide all information that may be requested by any successor administrator who may be selected by the Attorney General. The administrator shall not charge any fee for furnishing the information to the successor administrator.

[(4)] (5) The administrator shall promptly forward any complaints concerning alleged violations of ORS 646.569 to the Attorney General.

[(5)] (6) Fees paid to the administrator under this section shall be considered income to the administrator in the manner specified in the contract between the administrator and the Attorney General.

(7) When furnishing the list or names under subsection (4) of this section, the administrator shall make the information available in printed and electronic form.

Approved by the Governor May 22, 2001

Filed in the office of Secretary of State May 22, 2001

Effective date January 1, 2002

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