Enrolled Senate Bill (S) 5
Sponsors: Rep. Todd Huston
Telephone solicitations. Amends the statute governing telephone solicitations of consumers (Indiana's "do not call" statute) to provide that certain prohibitions that apply to telephone solicitors also apply to: (1) suppliers in consumer transactions; and (2) callers in commercial telephone solicitations. Adds a new prohibition to provide that a telephone solicitor, a supplier, or a caller may not sell, transfer, or make available to another person for solicitation purposes a consumer's telephone number if telephone solicitor, supplier, or caller knows that the telephone number appears in the most current "do not call" listing. Provides that this prohibition does not apply to the sale, ... transfer, or provision of a consumer's telephone number to a person who is exempt from the "do not call" statute. Adds a provision to prohibit the following: (1) A telephone solicitor, a supplier, or a caller from transferring a live call to one or more other persons if the call has been placed to a consumer in violation of the "do not call" statute or the statute governing the regulation of automatic dialing machines. (2) A telephone solicitor, a supplier, or a caller from providing substantial assistance or support to another person if the telephone solicitor, supplier, or caller knows or consciously avoids knowing that the person has violated the "do not call" statute or the statute governing the regulation of automatic dialing machines. Makes conforming amendments to the "do not call" statute's civil remedies provisions.