50-670a.No-call act; creation and maintenance ofno-call list; prohibitions; remedies.(a) The attorney general shall contract with the directmarketing associationfor the no-call listprovided for by this section to be the national no-call list maintained by thetelephone preferenceservice of such association. The contract shall establish:
(1) The maximum fees that telephone solicitors may be charged for access tothe no-calllist;
(2) the maximum fees that consumers may be charged to register for inclusionon the no-call list;
(3) the schedule of dates by which consumers must register in order to appearon updatesof the no-call list. Such schedule of dates shall provide that time periodprior to the date ofthe next quarterly update in which consumers must submit their information inorderto be included in the next quarterly update shall not exceed 30 days;
(4) the schedule of dates by which telephone solicitors will be providedupdates of the no-call list. Such schedule of dates shall provide that theno-call list shall be updatedno less frequently than on a quarterly basis, on January 1, April 1, July 1 andOctober 1;
(5) what information shall be furnished, without charge, upon request of aconsumer,registered in accordance with this section, concerning a telephone solicitor orother person whothe consumer believes has engaged in an unsolicited consumer telephone callprohibited by thissection; and
(6) the consent of the direct marketing association to subject itself to thejurisdiction of the courts of this state for the purpose of enforcing theprovisions of this section; the designation of a resident agent, who is aresident of Kansas, by the direct marketing association, for service ofprocess, and who registers with the secretary of state pursuant to K.S.A.60-306, and amendments thereto; and the agreement of the direct marketingassociation and its resident agent to comply with the provisions of thissection.
If the direct marketing association does not agree to enter into the contractprovided forby this subsection, the attorney general may contract, upon bids, with anothervendor to establishand maintain the no-call list provided for by this section.
(b) Prior to making unsolicited consumer telephone calls inthisstate and quarterly thereafter, a telephone solicitor shall consult theno-call list provided for by thisact, and shall delete from such telephone solicitor's calling list all stateresidentswho have registered to be on such list. The direct marketing association, orother vendor maintaining the no-call list, shallofferto consumers at least one method of registration at no cost and suchregistrationshall be for a period of five years. Consumers desiring to register to be onthe no-call list may contact the direct marketing association or othervendor maintaining the no-call list, or the attorney general.The attorney general may compile a list of telephone numbers from consumersdesiring to register for such service. The attorney general shall forward thelist to thedirect marketing association or such other vendor in electronic format no lessthan15 days prior to the date of the next quarterly update. No registration feeshall be imposed on the attorney general for submission of such list to thedirect marketing association or such other vendor.Membershipin the direct marketing association shall not be a requirement for telephonesolicitors to obtain the telephone preference service list and telephonesolicitorsshall have access to the list.Atelephone solicitor prior to accessing the no-call list shall submit theappropriate fee and complete a subscription agreement that: (1) Restricts useof the no-call list exclusively for purposes authorized by this act; (2)provides the telephone solicitor's contact and mailing information; and (3)selects the method of updates required (monthly or quarterly).Aconsumerdesiring to register shall submit to the direct marketing association, or othervendor, the consumer's name, address, city, state and zip code and thetelephone numbers to be registered.The direct marketing association, or othervendor, shall makeavailable to the attorney general, in an electronic format, the no-call listand all quarterly updates of such list at no cost.
(c) The attorney general and the direct marketing association, or othervendor, shall ensurethat consumers are given clear notice that telephone numbers are notimmediately added to the no-call list upon submission of a consumer'sregistration and that it may be as long as 120 days before telephonesolicitors receive a new no-call list which includes the consumer'stelephone number; that it may be as long as 30 days from the time ofpublication of thecurrentquarterly update of the no-call list before the consumer's telephone numberis removed from the telephone solicitor's calling lists; and that the consumerand theattorney general may not be able to enforce the provisions of this sectionuntil 150 days have passed since the consumer submitted the consumer'sregistration tobe on the no-call list.
(d) Telephone solicitors shall have a period of not more than 30 days fromthetime of publication of the current quarterly update of the no-call list toremove a consumer'stelephonenumber from the telephone solicitor's calling lists.
(e) No telephone solicitor may make or cause to be made any unsolicitedconsumer telephone calls to any consumer if the consumer's telephone number ornumbers appear in the current quarterly list of consumers registered on theno-call list. Atelephone solicitor shall not use the no-call list for anyotherpurpose than to remove consumers' telephone numbers from calling lists.
(f) A telephone solicitor shall be liable for violations of subsections (d)and (e) ifsuchtelephone solicitor makes or causes to be made an unsolicited telephone call toastate resident whose telephone number appears on thecurrent quarterly no-call list or uses the list for any unauthorized purpose.
(g) It shall be an affirmative defense to a violation of thissection if the telephone solicitor can demonstrate, by clear and convincingevidence, that: (1) The telephone solicitor at the time of the allegedviolation had: (A) Obtained a copy of the updated no-call list; (B) establishedandimplemented, with due care, reasonable practices and procedures to effectivelyprevent unsolicited consumer telephone calls in violation of this section; (C)trained the telephone solicitor's personnel in the requirements of thissection; and (D) maintained records demonstrating compliance with this section;and (2) the unsolicited consumer telephone call was the result of an error.Such defense shall not be exercised by a telephone solicitor more than oncewithin the state of Kansas in any 12-month period. A telephone solicitor shallbe deemed to have exercised such defense if asserted in response to anyconsumer complaint about a violation of this section, regardless of whetherlitigation has been initiated.
(h) It shall be an affirmative defense to a violation of this section if thetelephone solicitor can demonstrate by clear and convincing evidence that: (1)The consumer affirmatively listed or held out to the public suchconsumer's residential number as a business number; (2) the telephone solicitorhad knowledge of and relied upon such consumer's actions as provided insubsection (h)(1) at the time of the telephone solicitor's allegedviolation; and (3) the purpose of the callwas directly related to the consumer'sbusiness.
(i) Any violation of this section is an unconscionable act or practice undertheKansas consumer protection act.
(j) (1) Upon request of the attorney general for the purpose of enforcingthe provisions ofthis section, the direct marketing association, or other vendor, shall furnishthe attorneygeneral with allinformation requested by the attorney general concerning a telephone solicitoror any person theattorney general believes has engaged in an unsolicited consumer telephone callprohibited bythis section. The direct marketing association, or other vendor, shall notcharge a fee forfurnishing the informationto the attorney general.
(2) The direct marketing association, or other vendor, shall comply with anylawful subpoena orcourtorder directing disclosure of the list or any other information.
(k) The direct marketing association, or other vendor, shall promptly forwardany complaintsconcerningalleged violations of this section to the attorney general.
(l) Except as directed by the attorney general, the direct marketingassociation shall be prohibited from disclosing or using, in any way, any andalladdresses obtained from consumers in the course of registering such consumer'sphone numbers on the no-call list.
(m) Penalties and fees recovered from prosecutions of violations of thissection shall be paid to the attorney general to investigate and prosecuteviolations of this section.
(n) The attorney general may convene ameeting or meetings with consumer advocacy groups to collectively develop amethod or methods to notify the consumer advocacy group's membership andeducate and promote to Kansas consumers generally the availability of theno-call list, and of a telephonesolicitor'sobligations under this section.
(o) On or before the first day of each regular legislative session, theattorney general shall report to the standing committees of the house andsenatewhich hear and act on legislation relating to telecommunications issues on thestatus of implementation of the provisions of this section, including, but notlimited to, the number of consumers who have given notice of objection, thenumber of requests for the data base, state revenues received from therespective sources of revenue under this section, the number of complaintsreceivedalleging violations of this section and actions taken to enforce the provisionsof this section.
(p) If the federal trade commission establishes a single national no-calllist the attorney general may designate the list established by the federaltradecommission as the Kansas no-call list.
(q) The attorney general may promulgate rules and regulations to carry outthe provisions of the Kansas no-call act.
(r) The provisions of this section shall be a part of and supplemental to theKansas consumer protection act.
(s) The provisions of this section shall be known and may be cited as theKansasno-call act.
50-670a.No-call act; creation and maintenance ofno-call list; prohibitions; remedies.(a) The attorney general shall contract with the directmarketing associationfor the no-call listprovided for by this section to be the national no-call list maintained by thetelephone preferenceservice of such association. The contract shall establish:
(1) The maximum fees that telephone solicitors may be charged for access tothe no-calllist;
(2) the maximum fees that consumers may be charged to register for inclusionon the no-call list;
(3) the schedule of dates by which consumers must register in order to appearon updatesof the no-call list. Such schedule of dates shall provide that time periodprior to the date ofthe next quarterly update in which consumers must submit their information inorderto be included in the next quarterly update shall not exceed 30 days;
(4) the schedule of dates by which telephone solicitors will be providedupdates of the no-call list. Such schedule of dates shall provide that theno-call list shall be updatedno less frequently than on a quarterly basis, on January 1, April 1, July 1 andOctober 1;
(5) what information shall be furnished, without charge, upon request of aconsumer,registered in accordance with this section, concerning a telephone solicitor orother person whothe consumer believes has engaged in an unsolicited consumer telephone callprohibited by thissection; and
(6) the consent of the direct marketing association to subject itself to thejurisdiction of the courts of this state for the purpose of enforcing theprovisions of this section; the designation of a resident agent, who is aresident of Kansas, by the direct marketing association, for service ofprocess, and who registers with the secretary of state pursuant to K.S.A.60-306, and amendments thereto; and the agreement of the direct marketingassociation and its resident agent to comply with the provisions of thissection.
If the direct marketing association does not agree to enter into the contractprovided forby this subsection, the attorney general may contract, upon bids, with anothervendor to establishand maintain the no-call list provided for by this section.
(b) Prior to making unsolicited consumer telephone calls inthisstate and quarterly thereafter, a telephone solicitor shall consult theno-call list provided for by thisact, and shall delete from such telephone solicitor's calling list all stateresidentswho have registered to be on such list. The direct marketing association, orother vendor maintaining the no-call list, shallofferto consumers at least one method of registration at no cost and suchregistrationshall be for a period of five years. Consumers desiring to register to be onthe no-call list may contact the direct marketing association or othervendor maintaining the no-call list, or the attorney general.The attorney general may compile a list of telephone numbers from consumersdesiring to register for such service. The attorney general shall forward thelist to thedirect marketing association or such other vendor in electronic format no lessthan15 days prior to the date of the next quarterly update. No registration feeshall be imposed on the attorney general for submission of such list to thedirect marketing association or such other vendor.Membershipin the direct marketing association shall not be a requirement for telephonesolicitors to obtain the telephone preference service list and telephonesolicitorsshall have access to the list.Atelephone solicitor prior to accessing the no-call list shall submit theappropriate fee and complete a subscription agreement that: (1) Restricts useof the no-call list exclusively for purposes authorized by this act; (2)provides the telephone solicitor's contact and mailing information; and (3)selects the method of updates required (monthly or quarterly).Aconsumerdesiring to register shall submit to the direct marketing association, or othervendor, the consumer's name, address, city, state and zip code and thetelephone numbers to be registered.The direct marketing association, or othervendor, shall makeavailable to the attorney general, in an electronic format, the no-call listand all quarterly updates of such list at no cost.
(c) The attorney general and the direct marketing association, or othervendor, shall ensurethat consumers are given clear notice that telephone numbers are notimmediately added to the no-call list upon submission of a consumer'sregistration and that it may be as long as 120 days before telephonesolicitors receive a new no-call list which includes the consumer'stelephone number; that it may be as long as 30 days from the time ofpublication of thecurrentquarterly update of the no-call list before the consumer's telephone numberis removed from the telephone solicitor's calling lists; and that the consumerand theattorney general may not be able to enforce the provisions of this sectionuntil 150 days have passed since the consumer submitted the consumer'sregistration tobe on the no-call list.
(d) Telephone solicitors shall have a period of not more than 30 days fromthetime of publication of the current quarterly update of the no-call list toremove a consumer'stelephonenumber from the telephone solicitor's calling lists.
(e) No telephone solicitor may make or cause to be made any unsolicitedconsumer telephone calls to any consumer if the consumer's telephone number ornumbers appear in the current quarterly list of consumers registered on theno-call list. Atelephone solicitor shall not use the no-call list for anyotherpurpose than to remove consumers' telephone numbers from calling lists.
(f) A telephone solicitor shall be liable for violations of subsections (d)and (e) ifsuchtelephone solicitor makes or causes to be made an unsolicited telephone call toastate resident whose telephone number appears on thecurrent quarterly no-call list or uses the list for any unauthorized purpose.
(g) It shall be an affirmative defense to a violation of thissection if the telephone solicitor can demonstrate, by clear and convincingevidence, that: (1) The telephone solicitor at the time of the allegedviolation had: (A) Obtained a copy of the updated no-call list; (B) establishedandimplemented, with due care, reasonable practices and procedures to effectivelyprevent unsolicited consumer telephone calls in violation of this section; (C)trained the telephone solicitor's personnel in the requirements of thissection; and (D) maintained records demonstrating compliance with this section;and (2) the unsolicited consumer telephone call was the result of an error.Such defense shall not be exercised by a telephone solicitor more than oncewithin the state of Kansas in any 12-month period. A telephone solicitor shallbe deemed to have exercised such defense if asserted in response to anyconsumer complaint about a violation of this section, regardless of whetherlitigation has been initiated.
(h) It shall be an affirmative defense to a violation of this section if thetelephone solicitor can demonstrate by clear and convincing evidence that: (1)The consumer affirmatively listed or held out to the public suchconsumer's residential number as a business number; (2) the telephone solicitorhad knowledge of and relied upon such consumer's actions as provided insubsection (h)(1) at the time of the telephone solicitor's allegedviolation; and (3) the purpose of the callwas directly related to the consumer'sbusiness.
(i) Any violation of this section is an unconscionable act or practice undertheKansas consumer protection act.
(j) (1) Upon request of the attorney general for the purpose of enforcingthe provisions ofthis section, the direct marketing association, or other vendor, shall furnishthe attorneygeneral with allinformation requested by the attorney general concerning a telephone solicitoror any person theattorney general believes has engaged in an unsolicited consumer telephone callprohibited bythis section. The direct marketing association, or other vendor, shall notcharge a fee forfurnishing the informationto the attorney general.
(2) The direct marketing association, or other vendor, shall comply with anylawful subpoena orcourtorder directing disclosure of the list or any other information.
(k) The direct marketing association, or other vendor, shall promptly forwardany complaintsconcerningalleged violations of this section to the attorney general.
(l) Except as directed by the attorney general, the direct marketingassociation shall be prohibited from disclosing or using, in any way, any andalladdresses obtained from consumers in the course of registering such consumer'sphone numbers on the no-call list.
(m) Penalties and fees recovered from prosecutions of violations of thissection shall be paid to the attorney general to investigate and prosecuteviolations of this section.
(n) The attorney general may convene ameeting or meetings with consumer advocacy groups to collectively develop amethod or methods to notify the consumer advocacy group's membership andeducate and promote to Kansas consumers generally the availability of theno-call list, and of a telephonesolicitor'sobligations under this section.
(o) On or before the first day of each regular legislative session, theattorney general shall report to the standing committees of the house andsenatewhich hear and act on legislation relating to telecommunications issues on thestatus of implementation of the provisions of this section, including, but notlimited to, the number of consumers who have given notice of objection, thenumber of requests for the data base, state revenues received from therespective sources of revenue under this section, the number of complaintsreceivedalleging violations of this section and actions taken to enforce the provisionsof this section.
(p) If the federal trade commission establishes a single national no-calllist the attorney general may designate the list established by the federaltradecommission as the Kansas no-call list.
(q) The attorney general may promulgate rules and regulations to carry outthe provisions of the Kansas no-call act.
(r) The provisions of this section shall be a part of and supplemental to theKansas consumer protection act.
(s) The provisions of this section shall be known and may be cited as theKansasno-call act.
50-670a.No-call act; creation and maintenance ofno-call list; prohibitions; remedies.(a) The attorney general shall contract with the directmarketing associationfor the no-call listprovided for by this section to be the national no-call list maintained by thetelephone preferenceservice of such association. The contract shall establish:
(1) The maximum fees that telephone solicitors may be charged for access tothe no-calllist;
(2) the maximum fees that consumers may be charged to register for inclusionon the no-call list;
(3) the schedule of dates by which consumers must register in order to appearon updatesof the no-call list. Such schedule of dates shall provide that time periodprior to the date ofthe next quarterly update in which consumers must submit their information inorderto be included in the next quarterly update shall not exceed 30 days;
(4) the schedule of dates by which telephone solicitors will be providedupdates of the no-call list. Such schedule of dates shall provide that theno-call list shall be updatedno less frequently than on a quarterly basis, on January 1, April 1, July 1 andOctober 1;
(5) what information shall be furnished, without charge, upon request of aconsumer,registered in accordance with this section, concerning a telephone solicitor orother person whothe consumer believes has engaged in an unsolicited consumer telephone callprohibited by thissection; and
(6) the consent of the direct marketing association to subject itself to thejurisdiction of the courts of this state for the purpose of enforcing theprovisions of this section; the designation of a resident agent, who is aresident of Kansas, by the direct marketing association, for service ofprocess, and who registers with the secretary of state pursuant to K.S.A.60-306, and amendments thereto; and the agreement of the direct marketingassociation and its resident agent to comply with the provisions of thissection.
If the direct marketing association does not agree to enter into the contractprovided forby this subsection, the attorney general may contract, upon bids, with anothervendor to establishand maintain the no-call list provided for by this section.
(b) Prior to making unsolicited consumer telephone calls inthisstate and quarterly thereafter, a telephone solicitor shall consult theno-call list provided for by thisact, and shall delete from such telephone solicitor's calling list all stateresidentswho have registered to be on such list. The direct marketing association, orother vendor maintaining the no-call list, shallofferto consumers at least one method of registration at no cost and suchregistrationshall be for a period of five years. Consumers desiring to register to be onthe no-call list may contact the direct marketing association or othervendor maintaining the no-call list, or the attorney general.The attorney general may compile a list of telephone numbers from consumersdesiring to register for such service. The attorney general shall forward thelist to thedirect marketing association or such other vendor in electronic format no lessthan15 days prior to the date of the next quarterly update. No registration feeshall be imposed on the attorney general for submission of such list to thedirect marketing association or such other vendor.Membershipin the direct marketing association shall not be a requirement for telephonesolicitors to obtain the telephone preference service list and telephonesolicitorsshall have access to the list.Atelephone solicitor prior to accessing the no-call list shall submit theappropriate fee and complete a subscription agreement that: (1) Restricts useof the no-call list exclusively for purposes authorized by this act; (2)provides the telephone solicitor's contact and mailing information; and (3)selects the method of updates required (monthly or quarterly).Aconsumerdesiring to register shall submit to the direct marketing association, or othervendor, the consumer's name, address, city, state and zip code and thetelephone numbers to be registered.The direct marketing association, or othervendor, shall makeavailable to the attorney general, in an electronic format, the no-call listand all quarterly updates of such list at no cost.
(c) The attorney general and the direct marketing association, or othervendor, shall ensurethat consumers are given clear notice that telephone numbers are notimmediately added to the no-call list upon submission of a consumer'sregistration and that it may be as long as 120 days before telephonesolicitors receive a new no-call list which includes the consumer'stelephone number; that it may be as long as 30 days from the time ofpublication of thecurrentquarterly update of the no-call list before the consumer's telephone numberis removed from the telephone solicitor's calling lists; and that the consumerand theattorney general may not be able to enforce the provisions of this sectionuntil 150 days have passed since the consumer submitted the consumer'sregistration tobe on the no-call list.
(d) Telephone solicitors shall have a period of not more than 30 days fromthetime of publication of the current quarterly update of the no-call list toremove a consumer'stelephonenumber from the telephone solicitor's calling lists.
(e) No telephone solicitor may make or cause to be made any unsolicitedconsumer telephone calls to any consumer if the consumer's telephone number ornumbers appear in the current quarterly list of consumers registered on theno-call list. Atelephone solicitor shall not use the no-call list for anyotherpurpose than to remove consumers' telephone numbers from calling lists.
(f) A telephone solicitor shall be liable for violations of subsections (d)and (e) ifsuchtelephone solicitor makes or causes to be made an unsolicited telephone call toastate resident whose telephone number appears on thecurrent quarterly no-call list or uses the list for any unauthorized purpose.
(g) It shall be an affirmative defense to a violation of thissection if the telephone solicitor can demonstrate, by clear and convincingevidence, that: (1) The telephone solicitor at the time of the allegedviolation had: (A) Obtained a copy of the updated no-call list; (B) establishedandimplemented, with due care, reasonable practices and procedures to effectivelyprevent unsolicited consumer telephone calls in violation of this section; (C)trained the telephone solicitor's personnel in the requirements of thissection; and (D) maintained records demonstrating compliance with this section;and (2) the unsolicited consumer telephone call was the result of an error.Such defense shall not be exercised by a telephone solicitor more than oncewithin the state of Kansas in any 12-month period. A telephone solicitor shallbe deemed to have exercised such defense if asserted in response to anyconsumer complaint about a violation of this section, regardless of whetherlitigation has been initiated.
(h) It shall be an affirmative defense to a violation of this section if thetelephone solicitor can demonstrate by clear and convincing evidence that: (1)The consumer affirmatively listed or held out to the public suchconsumer's residential number as a business number; (2) the telephone solicitorhad knowledge of and relied upon such consumer's actions as provided insubsection (h)(1) at the time of the telephone solicitor's allegedviolation; and (3) the purpose of the callwas directly related to the consumer'sbusiness.
(i) Any violation of this section is an unconscionable act or practice undertheKansas consumer protection act.
(j) (1) Upon request of the attorney general for the purpose of enforcingthe provisions ofthis section, the direct marketing association, or other vendor, shall furnishthe attorneygeneral with allinformation requested by the attorney general concerning a telephone solicitoror any person theattorney general believes has engaged in an unsolicited consumer telephone callprohibited bythis section. The direct marketing association, or other vendor, shall notcharge a fee forfurnishing the informationto the attorney general.
(2) The direct marketing association, or other vendor, shall comply with anylawful subpoena orcourtorder directing disclosure of the list or any other information.
(k) The direct marketing association, or other vendor, shall promptly forwardany complaintsconcerningalleged violations of this section to the attorney general.
(l) Except as directed by the attorney general, the direct marketingassociation shall be prohibited from disclosing or using, in any way, any andalladdresses obtained from consumers in the course of registering such consumer'sphone numbers on the no-call list.
(m) Penalties and fees recovered from prosecutions of violations of thissection shall be paid to the attorney general to investigate and prosecuteviolations of this section.
(n) The attorney general may convene ameeting or meetings with consumer advocacy groups to collectively develop amethod or methods to notify the consumer advocacy group's membership andeducate and promote to Kansas consumers generally the availability of theno-call list, and of a telephonesolicitor'sobligations under this section.
(o) On or before the first day of each regular legislative session, theattorney general shall report to the standing committees of the house andsenatewhich hear and act on legislation relating to telecommunications issues on thestatus of implementation of the provisions of this section, including, but notlimited to, the number of consumers who have given notice of objection, thenumber of requests for the data base, state revenues received from therespective sources of revenue under this section, the number of complaintsreceivedalleging violations of this section and actions taken to enforce the provisionsof this section.
(p) If the federal trade commission establishes a single national no-calllist the attorney general may designate the list established by the federaltradecommission as the Kansas no-call list.
(q) The attorney general may promulgate rules and regulations to carry outthe provisions of the Kansas no-call act.
(r) The provisions of this section shall be a part of and supplemental to theKansas consumer protection act.
(s) The provisions of this section shall be known and may be cited as theKansasno-call act.
