The provisions of H363 will amend Chapter 159C of the General Laws, laying down stricter guidelines for solicitors making robo-calls. The bill allows the Attorney General to impose penalties for violations, with civil fines starting at $10,000 for each knowing breach. Notably, violations involving older consumers attract a higher penalty of at least $1,500. This shift not only empowers the Attorney General to take necessary legal action but also offers individuals the right to seek damages for repeated violations, thereby enhancing personal recourse against unsolicited calls.
Summary
House Bill 363 aims to clarify and enhance regulations surrounding telephone solicitation within the Commonwealth of Massachusetts. The bill specifically addresses robocalls, which are defined as automated phone calls using computerized systems to deliver pre-recorded messages. By introducing a prohibition on robocalls to hands-free mobile devices and mobile telephones, this legislation seeks to reduce the instances of unwanted solicitations that plague consumers, particularly those over the age of 65. This measure could significantly improve consumer protections by preventing intrusive marketing tactics.
Contention
Although the bill emphasizes consumer protection, it does carve out exceptions for certain types of calls, including messages from schools, government announcements, and informational calls related to pre-existing business relationships. This aspect has raised concerns about the potential for confusion over what constitutes an acceptable call. Critics may argue that these exemptions could be exploited, undermining the protective intent of the legislation and still allowing for intrusive communication in specific contexts.