Oklahoma Legislature taking tech seriously

I know in the past I have railed my state’s legislature for failing to do proper research when it comes to bills involving technology.  (see: Oklahoma outlaws violent video games)  Well they finally decided to expand the Consumer Protection laws against automated dialing programs used by telemarketers and debt collection agencies.  The bill even goes to as far as say when you cannot receive automated calls and the requirement of a call back number.

Click below to read the rest of the bill as it is a big one.

STATE OF OKLAHOMA

1st Session of the 51st Legislature (2007)

SENATE BILL 77    By:    Wilson

AS INTRODUCED

An Act relating to the Oklahoma Consumer Protection Act; amending 15 O.S. 2001, Section 755.1, which relates to automatic dial announcing devices; adding requirement for use of such devices; clarifying language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     15 O.S. 2001, Section 755.1, is amended to read as follows:
Section 755.1  A.  The connection of an automatic dial announcing device to a telephone line is subject to the provisions of the Oklahoma Consumer Protection Act.
B.  No person shall operate an automatic dial announcing device except in accordance with the provisions of the Oklahoma Consumer Protection Act.  The use of such device by any person, either individually or acting as an officer, agent, or employee of a person or corporation operating automatic dial announcing devices, is subject to the provisions of the Oklahoma Consumer Protection Act.
C.  A person shall not use an automatic dial announcing device  except as provided by this section.  An automatic dial announcing device shall be used only when:
1.  The device disconnects from the called person’s line not later than twenty (20) seconds after the called person hangs up; and
2.  For calls terminating in this state, the device is not used to make a call:
a.    before 9 a.m. or after 9 p.m., or
b.    at any hour that collection calls would be prohibited under the federal Fair Debt Collection Practices Act, 15 U.S.C., Section 1692(c), when the device is used for collection purposes; and
3.  One of the following occur:
a.    the calls are made or messages given solely in response to calls initiated by the person to whom the automatic calls or recorded messages are directed or who has made a written request to be called,
b.    the calls made concern goods or services that have been previously ordered or purchased, or
c.    the calls are made by creditors or their assignees, or; and
d.
4.  Except as otherwise provided in paragraph 3 of this subsection, the calls are initiated by a live operator who gives the caller the option to disconnect prior to the playing of a prerecorded or synthesized voice message.
D.  An automatic dial announcing device shall not be used for random number dialing or to dial numbers determined by successively increasing or decreasing integers.
E.  A telephone company in this state may, but shall not be required to disconnect or refuse to connect service to a person using or intending to use an automatic dial announcing device if the telephone company determines that the device is not capable of disconnecting from a called party’s line as required by this section or that the device would cause or is causing network harm.
F.  The telephone company shall give notice to the person using the device of its intent to disconnect service not less than three (3) days prior to the date of the disconnection, except that if the device is causing network congestion or blockage, the notice may be given the day before the date of disconnection.
G.  The telephone company shall disconnect service to the person on a determination by a court or the Oklahoma Corporation Commission that the person is violating the provisions of this section, and may reconnect service to the person only on a determination by the court or the Oklahoma Corporation Commission that the person will comply with this section.  Any notice of such an order shall be served on a telephone company in the same manner as is required for service of process, unless the company is already a party to the proceeding in which the order is created.
SECTION 2.  This act shall become effective November 1, 2007.

51-1-158    LKS    4/9/2007 8:19:36 PM