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Bill > H299


MA H299

MA H299
Prohibiting robocalls to all mobile telephone devices


summary

Introduced
01/22/2013
In Committee
07/28/2014
Crossed Over
07/24/2014
Passed
Dead
08/01/2014

Introduced Session

188th General Court

Bill Summary

Relative to prohibiting robocalls, so-called, to mobile telephone devices. Consumer Protection and Professional Licensure.

AI Summary

This bill, titled "Prohibiting robocalls to all mobile telephone devices," aims to protect consumers from unwanted automated calls, often referred to as "robocalls." The key provisions outline how violations of this prohibition will be handled. The Attorney General is empowered to take legal action against those who knowingly violate the law, which can include seeking injunctions to stop the calls and imposing civil penalties of at least $10,000 per violation, or $1,500 if the consumer is 65 or older. Individuals who receive more than one unsolicited automated call from the same entity within a year can also sue to stop the calls and recover either their actual financial losses or a minimum of $10,000 in damages, whichever is greater. Furthermore, the prevailing party in such legal disputes will be awarded reasonable attorney's fees and costs. The bill also sets a five-year statute of limitations for bringing legal actions related to these violations, meaning lawsuits must be filed within five years of when the violation was known or should have been known. Importantly, there is an exception for prerecorded healthcare messages made by or on behalf of covered entities or their business associates, as defined by the HIPPA Privacy Rule.

Committee Categories

Government Affairs, Labor and Employment

Sponsors (5)

Last Action

No further action taken (on 01/06/2015)

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