Texas House Bill HB3459

Texas 2017 - 85th Regular

Caption

Relating to requiring a business to pre-disclose the recording of a telephone conversation with a consumer; providing a civil penalty.

Impact

If enacted, HB 3459 would amend the Texas Business & Commerce Code to add new provisions aimed at regulating the recording of telephone calls. This legislation provides a clear framework under which businesses must operate regarding the recording of consumer calls. Failure to comply with the disclosure requirement could result in civil penalties, thereby imposing accountability on businesses that record conversations without proper notification. This legislation could lead to changes in how businesses manage their customer service practices, potentially increasing the administrative burden on companies that utilize call recording for service improvement or compliance purposes.

Summary

House Bill 3459 aims to enhance consumer protection by requiring that businesses disclose when they are recording telephone conversations with consumers. Specifically, the bill mandates that prior to recording a conversation, a business must inform the individual that the call is being recorded. This requirement is intended to ensure transparency in consumer-business interactions and to empower consumers to make informed choices about their communications.

Contention

While the bill is primarily focused on protecting consumer rights, it may face opposition from businesses that view the mandatory disclosure as an unnecessary operational hurdle. Critics may argue that the requirement could deter the use of call recording technologies that are beneficial for service delivery and compliance monitoring. However, supporters contend that transparency in communication is essential for protecting consumer rights, especially in an era where privacy concerns are paramount. Balancing these perspectives will be crucial as the bill advances through legislative discussions.