HB40 Alabama 2019 Session

Under existing Alabama law, no penalty exists for the intentional use of misleading caller identification information by telephone solicitors

This bill would prohibit the intentional misuse of misleading caller identification information by telephone solicitors. Violations would also be made violations of the Deceptive Trade Practices Act, Section 8-19-1 et seq, in order to provide for enforcement by the Attorney General

This bill would not apply to telephone solicitations made on behalf of charitable institutions. This bill would also not apply to solicitations in which the telephone solicitor has substituted the proper caller identification information of the party on whose behalf the solicitation has been made

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

Relating to telemarketers and telephone solicitations; to amend Sections 8-19A-3, 8-19C-5, and 8-19C-11 of the Code of Alabama 1975, to prohibit the knowing display of misleading caller identification information within telephone solicitations with the intent to defraud, cause harm, or wrongfully obtain anything of value; to provide exceptions for solicitations made on behalf of charitable institutions; to make violations also a violation of the Deceptive Trade Practices Act; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.