Bill > S2246

This bill aims to strengthen regulations around telephone solicitations, particularly "robocalls," which are automated phone calls using a computerized auto-dialer and a pre-recorded message. It mandates that contracts between charitable organizations and professional solicitors, commercial co-venturers (businesses partnering with charities for fundraising), or professional fund-raising counsels (individuals or entities managing fundraising campaigns) must be in writing, signed by two officers of the charity, and filed with the director of the division within ten days of being signed, with no solicitation allowed before filing. These contracts must also clearly state the charitable purposes, the guaranteed minimum percentage of gross receipts that will go to charity, and the specific charitable organization benefiting. The bill defines "marketing or sales solicitation" as initiating a phone call to encourage purchases, rentals, investments, or charitable contributions, with specific exceptions for calls made with prior consent, by bona fide members or employees of tax-exempt non-profit or charitable organizations (without professional solicitors), for non-commercial purposes like polls, or to consumers at fixed business locations. It requires telephone solicitors to use a valid, directly reachable phone number for all solicitations and to disclose key information within the first minute of a sales call, including the purpose of the call, their true name and employer, the name of the ultimate seller or charitable organization, and a description of goods or services offered, including their retail market value. For charitable solicitations, if a consumer asks about the proportion of their contribution retained by the solicitor or charity, the telemarketer must provide the guaranteed minimum percentage for charitable purposes or a comparable disclosure. The bill also prohibits all robocalls to mobile phones, with exceptions for certain essential communications like those from schools, correctional facilities, government entities, public utilities, and healthcare providers. Violations can result in significant civil penalties, with higher penalties for targeting elderly consumers, and allow consumers to bring legal action for repeated unsolicited calls, with prevailing parties awarded attorney fees and costs. The bill also introduces record-keeping requirements for for-profit solicitors, who must retain recordings of calls for at least 180 days, subject to audit by the Attorney General's Office.