Telephone Advertising Consumer Rights Act

Summary

Telephone Advertising Consumer Rights Act - Amends the Communications Act of 1934 to prohibit any person within the United States from: (1) making any telephone solicitation in violation of regulations prescribed by the Federal Communications Commission (FCC) pursuant to this Act; (2) using any telephone facsimile (fax) machine or automatic telephone dialing system that does not comply with prescribed technical and procedural standards, or in a manner that does not comply with such standards, to make any telephone solicitation; (3) using any fax machine, computer, or other device to send an unsolicited advertisement in violation of any such regulations; (4) using any automatic telephone dialing system to make unsolicited calls to an emergency telephone line or pager of any hospital, medical physician or service office, health care facility, or fire protection or law enforcement agency, or to any telephone number assigned to paging or cellular telephone service; or (5) using a computer or other electronic device to send an unsolicited advertisement via a fax machine unless such person clearly marks the date and time it is sent, an identification of the business sending the advertisement, and the telephone number of the sending machine or of such business. Directs the FCC to initiate a rulemaking proceeding: (1) concerning the need to protect telephone subscribers' privacy rights and to establish a single national data base to compile and make available for purchase a list of telephone numbers of subscribers who have submitted objections to receiving telephone solicitations; and (2) to evaluate whether such a data base should be established and administered by the FCC or its designee, to compare and evaluate alternative mechanisms for establishing and administering the data base, and to consider what means other than a national data base could be used to accomplish the purposes of this Act. Requires the FCC to: (1) implement the most cost effective mechanism for establishing and operating such data base; (2) require each common carrier providing telephone exchange service to afford subscribers the opportunity to provide notification that such subscriber objects to receiving telephone solicitations; and (3) to prohibit any person from transmitting a telephone solicitation to any such subscriber. Directs the FCC to: (1) revise the regulations setting technical and procedural standards for fax machines to require that any fax machine manufactured after six months after the enactment of this Act that is used for the distribution of unsolicited advertising clearly marks the date and time sent, an identification of the business or other entity sending the advertisement, and the telephone number of the sending machine or of such business. (Exempts for 12 months fax machines that do not have the capacity for automatic dialing and transmission and that are not capable of operation through an interface with a computer.) Requires the FCC to prescribe standards for automatic telephone dialing systems used to transmit any prerecorded telephone solicitation, including the requirements that: (1) all prerecorded telephone messages clearly state the identity and telephone number or address of the business or other entity initiating the call; and (2) such systems will, as soon as is technically practicable after the called party hangs up, automatically create a disconnect signal or on-hook condition which allows the called party's line to be released. Requires the FCC to prescribe rules to restrict the use of any fax machine, computer, or other electronic device to send any unsolicited advertisement to the fax machine of any person.

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Documents

6 official files

• Reported in House (text)

  Reported in House · EN

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• Referred in Senate (text)

  Referred in Senate · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Engrossed in House (text)

  Engrossed in House · EN

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• Passed House amended

  summary · EN · 18 November 1991

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• Introduced in House

  summary · EN · 6 March 1991

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