Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H291 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3524 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 291
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael J. Finn
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act clarifying telephone solicitation.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michael J. Finn6th Hampden1/20/2023 1 of 4
16	16	HOUSE DOCKET, NO. 3524 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 291
18	18	By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 291) of
19	19	Michael J. Finn relative to further regulating telephone solicitation. Consumer Protection and
20	20	Professional Licensure.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act clarifying telephone solicitation.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 159C of the General Laws is hereby amended by adding the
30	30	2following 3 sections:-
31	31	3 Section 15. As used in this section, the following words shall, unless the context requires
32	32	4otherwise, have the following meanings:-
33	33	5 “Consumer”, as defined in section 1 of chapter 159C.
34	34	6 “Hands-free mobile telephone”, shall have the same meaning as set forth in
35	35	7section l of chapter 90.
36	36	8 “Mobile electronic device”, shall have the same meaning as set forth in section l
37	37	9of chapter 90.
38	38	10 “Mobile telephone”, shall have the same meaning as set forth in section l of
39	39	11chapter 90. 2 of 4
40	40	12 “Robocall”, is an automated phone call that uses both a computerized auto-dialer
41	41	13and a computer-delivered pre-recorded message.
42	42	14 “Robocall telephone solicitation”, a voice or text communication, whether
43	43	15prerecorded or a facsimile, over a telephone line or wireless telephone network or via a
44	44	16commercial mobile radio service that is a robocall telephone solicitation to a telephone
45	45	17subscriber for the purpose of soliciting or encouraging the purchase or rental of, or investment in,
46	46	18property, goods, or services; obtaining or providing information that will or may be used for that
47	47	19purpose; soliciting or encouraging a telephone subscriber’s participation in any contest,
48	48	20sweepstakes, raffle, or lottery, whether legal or illegal; or obtaining a charitable donation.
49	49	21“Robocall telephone solicitation” shall include a political message if the message is
50	50	22communicated by use of an automatic dialing and recorded message player.
51	51	23 “Robocall telephone solicitor”, an individual, association, corporation,
52	52	24partnership, limited partnership, Limited Liability Company or other business entity, or a
53	53	25subsidiary or affiliate thereof, doing business in the commonwealth who makes or causes to be
54	54	26made a telephonic sales call.
55	55	27 “Informational call” means a commercial call from, or on behalf of, an entity with
56	56	28whom the called party has a pre-existing business relationship.
57	57	29 "pre-existing business relationship" means a prior or existing relationship formed
58	58	30by a voluntary two-way communication between a person or entity and a residential subscriber
59	59	31with or without an exchange of consideration, on the basis of an inquiry, application, purchase or
60	60	32transaction by the residential subscriber regarding products or services offered by such person or
61	61	33entity, which relationship has not been previously terminated by either party. 3 of 4
62	62	34 All robocalls shall be prohibited in the commonwealth to any hands-free mobile
63	63	35telephones, mobile electronic devices and mobile telephones as defined in this section.
64	64	36 This chapter shall not apply to: (1) messages from school districts to students, parents or
65	65	37employees; (2) messages advising employees of work schedules; (3) messages on behalf of
66	66	38correctional facilities advising victims; (4) messages on behalf of municipalities and
67	67	39government; and (5) Informational calls.
68	68	40 Section 16.Violations; Enforcement by Attorney General; Consumer Action; Penalties;
69	69	41Attorney’s Fees and Costs
70	70	42 (a) The attorney general may initiate proceedings relating to a knowing violation
71	71	43or threatened knowing violation of this section. Such proceedings may include, without
72	72	44limitation, an injunction, a civil penalty of not less than $10,000 for each knowing violation, but
73	73	45not less than $1,500 for a willful and knowing violation involving a consumer who is 65 years of
74	74	46age or older, and additional relief in a court of competent jurisdiction. The attorney general may
75	75	47also issue investigative demands and subpoenas, administer oaths and conduct hearings in the
76	76	48course of investigating a violation of this section.
77	77	49 (b) A person who has received more than 1 unsolicited telephonic call within a
78	78	5012-month period by or on behalf of the same person or entity in violation of this section may: (i)
79	79	51bring an action to enjoin the violation; (ii) bring an action to recover for actual monetary loss
80	80	52from such knowing violation or to receive not less than $10,000 in damages for such willful and
81	81	53knowing violation, whichever is greater; or (iii) bring both such actions 4 of 4
82	82	54 In a civil proceeding resulting from a transaction involving a violation of this section, the
83	83	55prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall be
84	84	56awarded reasonable attorney’s fees and costs from the nonprevailing party.
85	85	57 Section 17. Time Limitations for Actions or Proceedings
86	86	58 (a) No action or proceeding shall be brought pursuant to the section: (i) more than
87	87	595 years after the person bringing the action knew or should have known of the occurrence of the
88	88	60alleged violation; or (ii) more than 5 years after the termination of a proceeding or action arising
89	89	61out of the same violation by the commonwealth, whichever is later.
90	90	62 (b) Sections 15 through 17, inclusive, of this chapter shall not apply to any
91	91	63outbound telephone call that delivers a prerecorded healthcare message made by, or on behalf of,
92	92	64a covered entity or its business associate, as those terms are defined in the HIPPA Privacy Rule,
93	93	6545 CFR 160.103.