Bill > HB427

This bill amends existing consumer protection laws in Alabama to strengthen regulations against unwanted telephone solicitations. It expands the scope of these regulations to include commercial and cellular telephone lines, not just residential ones, and clarifies definitions related to telephone solicitation. A key provision establishes a statewide "do not call" database, managed by the Alabama Public Service Commission (the "commission"), which will compile phone numbers of individuals who object to receiving such calls. Telephone companies, including wireless and internet-based providers, will be required to inform their customers about this database and how to register their objections. The bill also allows the commission to charge fees for accessing or obtaining copies of this database, with these funds dedicated to administering the program. Furthermore, it prohibits making telephone solicitations before 8:00 a.m. or after 8:00 p.m. local time, or making more than three calls on the same subject to a person within a 24-hour period. Penalties for violations are significantly increased, with civil penalties for each violation rising from $2,000 to $20,000, and individuals can sue for actual damages or up to $20,000 per violation. The bill also clarifies defenses, stating that a company cannot claim ignorance if the solicitation was made on their behalf through an agreement, though implementing and enforcing policies to prevent violations can serve as a defense. Finally, it emphasizes that these protections are in addition to other existing legal remedies and that violating these provisions is also considered a deceptive trade practice.

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https://alison.legislature.state.al.us/bill-search