HOUSE BILL No. 5456


     February 24, 2000, Introduced by Reps. DeHart, Schermesser, Spade, Wojno, Ruth Johnson, Kowall, Faunce, Richardville,
Kukuk, Rocca, Cameron Brown, Gieleghem and Jansen and referred to the Committee on Energy and Technology.


        A bill to amend 1971 PA 227, entitled

   "An act to prescribe the rights and duties of parties to home
   solicitation sales,"

   (MCL 445.111 to 445.117) by adding section 16.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           SEC. 16.  EVERY TELEPHONE SOLICITOR SHALL KEEP ACCURATE

 2
      RECORDS OF ALL TELEMARKETING ACTIVITIES INITIATED IN THIS STATE

 3
      OR DIRECTED TO CONSUMERS LOCATED IN THIS STATE.  UPON DEMAND, THE

 4
      RECORDS SHALL BE MADE AVAILABLE TO THE COMMISSION, THE ATTORNEY

 5
      GENERAL, AND ANY OTHER GOVERNMENTAL ENTITY WITH AUTHORITY TO

 6
      ENFORCE THIS ACT.  THESE RECORDS SHALL BE RETAINED FOR A PERIOD

 7
      OF 2 YEARS AFTER THE DATE OF ANY OUTBOUND TELEPHONE CALL INITI-

 8
      ATED FROM, DIRECTED INTO, OR WITHIN THIS STATE.  THE RECORDS

 9
      SHALL INCLUDE BUT ARE NOT LIMITED TO ALL OF THE FOLLOWING

10
      INFORMATION:



   06039'00                                                 SAT
                                              2

 1
           (A) THE LOCATION OF THE TELEPHONE SOLICITOR AND THE STREET

 2
      ADDRESSES OF ANY LOCATIONS FROM WHICH THE OUTBOUND TELEPHONE

 3
      CALLS ORIGINATED.

 4
           (B) COPIES OF ANY INJUNCTION, TEMPORARY RESTRAINING ORDER,

 5
      JUDGMENT, CONSENT JUDGMENT, OR ASSURANCE OF VOLUNTARY COMPLIANCE

 6
      IN ANY CIVIL OR ADMINISTRATIVE ACTION, INCLUDING ANY PENDING

 7
      ACTION, INVOLVING A VIOLATION OR ALLEGED VIOLATION BY THE TELE-

 8
      PHONE SOLICITOR OR THE SELLER OF ANY STATE OR FEDERAL TELEMARKE-

 9
      TING LAW.

10
           (C) THE NAME, ANY FICTITIOUS NAME USED, LAST KNOWN HOME

11
      ADDRESS, TELEPHONE NUMBER, AND JOB TITLE OF ALL TELEPHONE SOLICI-

12
      TORS, WHO PLACE OR PLACED CALLS ON BEHALF OF A SELLER OR WHO PAR-

13
      TICIPATE IN OR ARE RESPONSIBLE FOR THE MANAGEMENT OF THE BUSINESS

14
      OF THE TELEPHONE SOLICITOR.  IF THE SELLER OR TELEPHONE SOLICITOR

15
      PERMITS FICTITIOUS NAMES TO BE USED BY EMPLOYEES OR AGENTS, EACH

16
      FICTITIOUS NAME SHALL BE TRACEABLE TO ONLY 1 SPECIFIC TELEPHONE

17
      SOLICITOR, EMPLOYEE, OR AGENT.  WHERE 1 OR MORE TELEPHONE SOLICI-

18
      TORS IS EMPLOYED BY OR OTHERWISE ACTING ON BEHALF OF A SELLER,

19
      THE REPORTING REQUIREMENTS OF THIS ACT MAY BE MET BY THE SELLER

20
      ON BEHALF OF ITSELF AND ITS TELEPHONE SOLICITORS, BUT ONLY TO THE

21
      EXTENT THE RECORDS COMPLY WITH THE REQUIREMENTS OF THIS ACT.

22
           (D) COPIES OF ALL SCRIPTS, OUTLINES, OR PRESENTATION MATERI-

23
      ALS THE SELLER REQUIRES A TELEPHONE SOLICITOR TO USE WHEN SOLIC-

24
      ITING AND ALL INFORMATION TO BE PROVIDED BY A TELEPHONE SOLICITOR

25
      TO A CONSUMER IN CONNECTION WITH ANY TELEMARKETING.

26
           (E) ALL WRITTEN CONSENTS TO UTILIZE A NAME OR NAMES OF ANY

27
      PERSON IN ANY ENDORSEMENT.



   06039'00
                                   3

 1
           (F) MATERIALS THAT SUBSTANTIATE ANY CLAIMS ABOUT THE

 2
      PERFORMANCE, EFFICACY, NATURE, OR CHARACTERISTICS OF HEALTH,

 3
      NUTRITION, OR DIET RELATED GOODS OR SERVICES THAT ARE THE SUBJECT

 4
      OF TELEMARKETING.

 5
           (G) A COPY OF THE REFUND, CANCELLATION, EXCHANGE, OR REPUR-

 6
      CHASE POLICIES FOR ANY GOODS OR SERVICES OFFERED BY A SELLER OR

 7
      TELEPHONE SOLICITOR, UNLESS THE SELLER OR TELEPHONE SOLICITOR

 8
      OFFERS AND PROVIDES AN UNCONDITIONAL SATISFACTION GUARANTEED

 9
      POLICY AND PROVIDES A FULL REFUND FOR RETURNED GOODS OR CANCELED

10
      SERVICES.

11
           (H) COPIES OF ALL EXPRESS VERIFIABLE AUTHORIZATIONS AND

12
      SIGNED ORDER CONFIRMATIONS.

13
           (I) COPIES OF ANY TRAINING INSTRUCTIONS, HANDBOOKS, OR OTHER

14
      GUIDELINES DISTRIBUTED BY TELEPHONE SOLICITORS TO THEIR STAFF OR

15
      BY SELLERS TO THEIR TELEPHONE SOLICITORS, EMPLOYEES, OR AGENTS.

16
           (J) COPIES OF WRITTEN CONTRACTS AND AGREEMENTS BETWEEN THE

17
      TELEPHONE SOLICITOR AND THE SELLER.

18
           Enacting section 1.  This amendatory act does not take

19
      effect unless Senate Bill No. _____ or House Bill No. 5446

20
      (request no. 06035'00) of the 90th Legislature is enacted into

21
      law.















   06039'00          Final page.                            SAT