CA telemarketing bill addresses lead cards

California Democratic Assembly Member Fabian Nunez has introduced a bill which, if enacted, will add additional regulations to companies soliciting a consumer's consent to contact him or her through telemarketing.

The bill, AB 2059, which was introduced in February and amended earlier this week, targets companies that use lead cards, a type of business reply card that invites consumers to opt in to receive information from a company via telephone, even if they are on the Do-Not-Call registry.
 
The FTC and the FCC both require marketers to receive expressed written permission from consumers on the Do-Not-Call list in order to call them. This bill targets lead cards that say the recipient may be contacted by a telephone solicitor “including, but not limited to, the sender of the solicitation” even if he or she is on the Do-Not-Call registry.
 
“If someone is trying to get permissions deceptively in order to call people on the Do-Not-Call Registry, that should end,” said Jerry Cerasale, SVP of government affairs for the DMA. “It's against the FTC Section 5 and against virtually every deceptive practice law in every state.”
 
The bill also requires that solicits include a “clear and conspicuous” identification of the sender and a notice that the recipient will waive some of his or her rights under the federal Do-Not-Call registry.

Cerasale expected that an enacted law would only impact those marketers already not adhering to best practices.

“Most of our members are complying with Do-Not-Call regulations,” he said. “Legitimate marketers aren't going to use deceptive practices to get permission.”

It is unclear whether this legislation is targeting a particular marketer in California.

Assembly Bill 2059 will be reviewed by the Committee on Business and Professions on Tuesday morning.