September 27, 1990
TO: BROKER/DEALER ASSOCIATE MEMBERS NO. 4-90
STATE SECURITIES MEMBERS NO. 29-90
RE: FLORIDA TELEMARKETING BILL ENACTED
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A telemarketing bill was enacted by the Florida Legislature
that takes effect October 1, 1990. The bill provides that a
telephone solicitor may not call an individual that has requested
that he/she be placed on a list maintained by the Florida
Division of Consumer Services. If calls are made to an
individual whose name is on the list and a complaint is filed,
the Division of Consumer Services may bring a civil action
against the telephone solicitor. The maximum penalty that may be
imposed for violations of the act is $10,000 per violation. The
act also prohibits the use of automated dialing systems.
Telephone calls made to individuals on the list that are in
response to an express request of the person called, or to a
person with whom the telephone solicitor has a prior or existing
business relationship are excluded from the definition of
"unsolicited telephonic sales".
The bill also has a contractual rights provision, which
requires telemarketers to send a contract to consumers before the
sale can be consummated. However, the provisions of that section
do not apply to the sale of financial services or securities
sales.
A copy of the Florida bill is attached.
Patricia Louie
Assistant General Counsel
Attachment