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New Telemarketing Bill Signed By The Governor
SB73 as signed by the governor will impact how telemarketing violations are handled, including assessed penalties and damages. The new law addresses general provisions relating to telephone service to allow class action suits and damages for violating provisions relating to telephone solicitations. It allows a person who has received more than one solicitation in a 12- month period by the same entity in violation of the law to bring an action against the person or entity that made the telephone solicitation or the person or entity that the telephone solicitation was made on behalf of, or both, seeking up to $1,000 in damages per violation. The law allows for class action lawsuits without the $1,000 damages cap. The new law also does not allow as an affirmative defense the claim that the defendant did not make or was unaware of the solicitation taking place but does allow for a defense if the defendant had established policies in place with mandated and enforced compliance to avoid violations and the solicitor committed such violations regardless. The bill does provide for a defense based on provision of an incorrect telephone number by a customer.

