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Introduced House Bill (H)

Authored by

DIGEST

Identity of telephone solicitors. Makes technical changes to the deceptive consumer sales act (act) to: (1) include in the list of acts constituting deceptive acts for purposes of the act, a reference to a violation of the statute concerning misleading or inaccurate caller identification information; and (2) include a reference to the Indiana Code provision that specifies the civil penalty that the attorney general may recover for a knowing or intentional violation of the statute concerning misleading or inaccurate caller identification. Amends the statute concerning telephone solicitations as follows: (1) Provides that a person is a seller subject to the Identity of telephone solicitors. Makes technical changes to the deceptive consumer sales act (act) to: (1) include in the list of acts constituting deceptive acts for purposes of the act, a reference to a violation of the statute concerning misleading or inaccurate caller identification information; and (2) include a reference to the Indiana Code provision that specifies the civil penalty that the attorney general may recover for a knowing or intentional violation of the statute concerning misleading or inaccurate caller identification. Amends the statute concerning telephone solicitations as follows: (1) Provides that a person is a seller subject to the registration requirements under the statute if: (A) the person makes a solicitation; and (B) there is a false representation or implication as to the identity of the person, including a representation or implication that is transmitted through misleading or inaccurate caller identification information in violation of the Indiana Code provisions governing misleading or inaccurate caller identification. (Current law does not specify that a person is a seller for purposes of the statute if the false representation or implication as to the person's identity is transmitted through misleading or inaccurate caller identification information.) (2) Provides that if a seller subject to the registration requirements under the statute makes a solicitation that is outside of the course of dealing, the seller may not cause a telephone number other than a telephone number listed in the seller's registration to be transmitted by a caller identification service if: (A) the call is in fact made from a telephone number listed in the seller's registration; and (B) the seller knowingly and with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value causes the transmission of the telephone number that is not listed in the registration. ... View more