Bill > H189

This bill amends existing laws to regulate telemarketing calls made for charitable solicitations, aiming to protect consumers. It clarifies definitions for terms like "charitable contribution" and "charitable organization" by referencing other sections of the law, and defines "consumer" as a Massachusetts resident who might receive goods or services or contribute to charity. The bill also refines the definition of "marketing or sales solicitation" to exclude calls made with prior consent, by bona fide members or employees of tax-exempt organizations without professional solicitors, for non-commercial purposes like surveys, or in response to a consumer's visit to a business. Furthermore, it mandates that telemarketers clearly state the name of the telemarketing company, the subcontractor if applicable, the ultimate seller or charitable organization, and provide a detailed description of goods or services, including their retail value. For charitable solicitations involving professional solicitors or commercial co-venturers (entities hired to raise money for charities), the bill requires them to meet additional disclosure rules, including specifying the percentage of gross receipts that will go to charitable purposes or providing comparable disclosures as required by regulations. It also mandates that if a consumer asks about the proportion of their contribution that will be retained by the solicitor or used for charity, the telemarketer must provide either the guaranteed minimum percentage for charitable purposes or a comparable disclosure.