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HB427 INTRODUCED
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HB427
5VJDI36-1
By Representatives Tillman, Clarke, Hassell, Morris, Daniels,
Moore (M), Bracy, Jones, Jackson, Travis
RFD: Judiciary
First Read: 12-Feb-26
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5VJDI36-1 02/10/2026 THR (L)THR 2026-701
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First Read: 12-Feb-26
SYNOPSIS:
Under existing law, residential telephone
subscribers may request to be added to the state's
database of residential telephone subscribers who
object to receiving telephone solicitations.
This bill would authorize commercial and
cellular telephone subscribers to join the database.
Under existing law, telephone solicitors are
prohibited from circumventing the use of caller
identification systems.
This bill would prohibit telephone solicitors
from using misleading caller identification
information.
This bill would prohibit telephone solicitors
from making solicitation calls before 8:00 a.m. or
after 8:00 p.m.
This bill would prohibit telephone solicitors
from making more than three solicitation calls to a
given person over a 24-hour period.
Under existing law, the Public Service
Commission may commence a proceeding against a knowing
violation or threatened knowing violation of the
prohibitions related to telephone solicitations.
This bill would authorize the Public Service
Commission to commence a proceeding against any
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Commission to commence a proceeding against any
violation or threatened violation of the prohibitions.
Under existing law, the Public Service
Commission imposes a civil penalty of up to $2,000 for
each violation.
This bill would authorize the Public Service
Commission to impose a civil penalty of up to $20,000
for each violation.
Under existing law, a person who has received
more than one telephone solicitation in violation of
the law may seek damages of up to $2,000 for each
violation.
This bill would authorize a person who has
received more than one telephone solicitation in
violation of the law to seek up to $20,000 for each
violation.
This bill would also provide that a violation of
the law is a deceptive trade practice.
A BILL
TO BE ENTITLED
AN ACT
Relating to consumer protection; to amend Sections
8-19A-3, 8-19A-20, 8-19C-2, 8-19C-3, 8-19C-5, 8-19C-6,
8-19C-7, 8-19C-8, and 8-19C-11, Code of Alabama 1975; to
further provide for the state's telephone solicitation
database; and to further provide for telephone solicitation
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database; and to further provide for telephone solicitation
prohibitions, penalties, damages, and defenses.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 8-19A-3, 8-19A-20, 8-19C-2,
8-19C-3, 8-19C-5, 8-19C-6, 8-19C-7, 8-19C-8, and 8-19C-11,
Code of Alabama 1975, are amended to read as follows:
"§8-19A-3
As used in For the purposes of this chapter and Chapter
19C, the following terms shall have the following meanings
unless the context clearly indicates otherwise :
(1) CALLER IDENTIFICATION SERVICE. A type of telephone
service which permits telephone subscribers to see the
telephone number of incoming telephone calls.
(2) COMMERCIAL TELEPHONE SELLER. Any person who engages
in commercial telephone solicitation on his or her own behalf
or through salespersons, except that a commercial telephone
seller does not include any of the persons or entities
exempted from this chapter by Section 8-19A-4. A commercial
telephone seller does not include a salesperson as defined in
subdivision (15) . A commercial telephone seller includes, but
is not limited to, owners, operators, officers, directors,
partners, or other individuals engaged in the management
activities of a business entity pursuant to this chapter.
(3) COMMERCIAL TELEPHONE SOLICITATION.
a. An unsolicited telephone call to a person initiated
by a commercial telephone seller or salesperson, or an
automated dialing machine used in accordance with this chapter
for the purpose of inducing the person to purchase or invest
in consumer goods or services.
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in consumer goods or services.
b. Other communication with a person where:
1. A gift, award, or prize is offered to a purchaser
who has not previously purchased from the person initiating
the communication.
2. A telephone call response is invited.
3. The salesperson intends to complete a sale or enter
into an agreement to purchase during the course of the
telephone call.
c. Other communication with a person which that
represents a price, quality, or availability of consumer goods
or services and which invites a response by telephone or which
is followed by a call to the purchaser by a salesperson. For
purposes of this section, "other communication" means a
written or oral notification or advertisement transmitted
through any means. Also, for purposes of this section,
"invites a response by telephone" does not mean the mere
listing or including of a telephone number in a notification
or advertisement.
(4) COMMISSION. The Alabama Public Service Commission.
(5) CONSUMER. An actual or prospective purchaser,
lessee, or recipient of consumer goods or services.
(6) CONSUMER GOODS OR SERVICES. Any real property or
any tangible or intangible personal property which is normally
used for personal, family, or household purposes including,
without limitation, any property intended to be attached to or
installed in any real property, without regard to whether it
is so attached or installed, as well as cemetery lots,
timeshare estates and licenses, and any services related to
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timeshare estates and licenses, and any services related to
the property.
(7) DIVISION. The Consumer Division of the Office of
the Attorney General.
(8) DOING BUSINESS IN THIS STATE. Businesses conducting
telephonic sales calls from a location in Alabama or from
other states or nations to consumers located in Alabama.
(9) ENFORCING AUTHORITY. The division or the office of
the district attorney if a violation of this chapter occurs in
or affects the judicial circuit under the jurisdiction of the
office of the district attorney.
(10) GIFT, AWARD, or PRIZE. A gratuity which the
purchaser believes to be of value.
(11) INDIVIDUAL. A single human being but does not mean
a firm, association of individuals, corporation, partnership,
joint venture, sole proprietorship, or any other entity.
(12) MERCHANT. A person who, directly or indirectly,
offers or makes available to consumers any consumer goods or
services.
(13) PERSON. Any individual, group of individuals,
firm, association, corporation, partnership, joint venture,
sole proprietorship, or any other business entity.
(14) PROVIDER. Any provider of wireless, voice over the
Internet protocol, or legacy-switched wireline voice service
provider doing business in this state, as well as any provider
of landline or cellular voice or text services doing business
in this state.
(14)(15) PURCHASER. A person who is solicited to become
or does become obligated to a commercial telephone seller.
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or does become obligated to a commercial telephone seller.
(15)(16) SALESPERSON. Any individual employed,
appointed, or authorized by a commercial telephone seller,
regardless of whether the commercial telephone seller refers
to the individual as an agent, representative, or independent
contractor, who attempts to solicit or solicits a sale on
behalf of the commercial telephone seller. A salesperson,
however, does not include individuals exempted from this
chapter by Section 8-19A-4 or employees or agents of persons
exempted from this chapter by Section 8-19A-4, or companies
and individuals under contract with persons exempted from this
chapter by Section 8-19A-4 when liability is assumed by the
exempt entity.
(16)(17) TELEMARKETER or TELEPHONE SOLICITOR. Any
natural person, firm, organization, partnership, association,
or corporation, or a subsidiary or affiliate thereof, doing
business in this state, who makes or causes to be made a
telephonic sales call.
(17)(18) TELEMARKETING or TELEPHONE SOLICITATION. A
voice communication over a telephone line for the purpose of
encouraging the purchase or rental of, or investment in
property, goods, or services, but does not include
communications by or on behalf of any of the exempt persons in
Section 8-19A-4.
(18)(19) TELEPHONE SOLICITATION CALL. A call made by a
telephone solicitor to a consumer, for the purpose of
soliciting a sale of consumer goods or services, or for the
purpose of obtaining information that may be used for the
direct solicitation of a sale of consumer goods or services or
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direct solicitation of a sale of consumer goods or services or
an extension of credit for consumer goods or services, or for
the purpose of obtaining information that may be used for the
direct solicitation of a sale of consumer goods or services or
an extension of credit for such purposes.
(19)(20) UNSOLICITED SOLICITATION SALES CALL. A
telephonic sales call other than a call made to a person with
whom the telephone solicitor has a prior or existing business
relationship; or by a newspaper publisher or his or her agent
or employee in connection with his or her business; or any of
the exempt persons in Section 8-19A-4."
"§8-19A-20
The division or other enforcing authority shall have
criminal prosecuting authority concerning the violations of
this chapter , Chapter 19C, or of any rule or order hereunder.
In addition to any other action, the division or other
enforcing authority may bring an action against any person to
enjoin, restrain, and prevent the doing of any act or practice
herein prohibited or declared unlawful by this chapter or
Chapter 19C ."
"§8-19C-2
(a) No person or entity may make or cause to be made
any telephone solicitation to the telephone line of any
residential , commercial, or cellular telephone subscriber in
this state who has given notice to the commission of his or
her objection to receiving telephone solicitations.
(b)(1) The commission shall establish and operate a
database to compile a list of telephone numbers of
residential , commercial, or cellular telephone subscribers who
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residential , commercial, or cellular telephone subscribers who
object to receiving telephone solicitations. The commission
shall have the database in operation before July 1, 2000.
(2) The database may be operated by the commission or
by another entity under contract with the commission.
(3) Before July 1, 2000, the The commission shall
promulgate regulations adopt rules which shall include all of
the following:
a.1. A requirement that each local exchange company and
each competing local exchange carrier and any provider of
cellular services shall inform on an annual basis its
residential , commercial, and cellular telephone subscribers of
the opportunity to provide notification to the commission or
its contractor that the subscriber objects to receiving
telephone solicitations.
2. The information shall be disseminated at the option
of the carrier by television, radio, or newspaper
advertisements; written correspondence; bill insert or
messages; telephone book subscription forms; or any other
method not expressly prohibited.
b. Methods by which each residential , commercial, or
cellular telephone subscriber may give notice to the
commission or its contractor of his or her objection to
receiving solicitations or revocation of the notice.
c. Methods by which a notice of objection becomes
effective and the effect of a change of telephone number on
the notice.
d. Methods by which objections and revocations are
collected and added to the database.
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collected and added to the database.
e. Methods by which a person or entity desiring to make
telephone solicitations may obtain access to the database as
required to avoid calling the telephone numbers of
residential , commercial, and cellular telephone subscribers
included in the database.
f. All other matters relating to the database that the
commission deems necessary.
(4) If, pursuant to 47 U.S.C. Section § 227(c)(3), the
Federal Communications Commission establishes a single
national database of telephone numbers of subscribers who
object to receiving telephone solicitations, the commission
shall include the part of the single national database that
relates to Alabama in the database established under this
section."
"§8-19C-3
(a) The commission shall have the authority to may
charge a residential , commercial, or cellular telephone
subscriber a fee every two years payable to the commission for
each notice for inclusion on the database established pursuant
to this chapter. The commission shall may also have the
authority to charge a person or entity desiring to make
telephone solicitations a fee per year payable to the
commission for access to, or for paper or electronic copies of
the database established pursuant to this chapter. Any fee
established by the commission shall be subject to the approval
of the Legislative Council.
(b) The commission shall update its "no sales
solicitation calls" listing upon receipt of initial consumer
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solicitation calls" listing upon receipt of initial consumer
subscriptions or renewals and provide this listing for a fee,
pursuant to subsection (a).
(c) All fees collected under this chapter shall be
deposited into a separate fund in the State Treasury to be
expended by the commission for the implementation and
administration of this chapter. At the end of each fiscal
year, unexpended monies remaining in the fund shall not revert
to any other fund of the state, but shall remain available for
appropriation. The Legislature shall annually appropriate from
the fund the amount necessary for the administration of this
chapter to the commission subject to the provisions, terms,
conditions, and limitations of the Budget and Financial
Control Act, Sections 41-4-80 et seq., Sections 41-19-1 et
seq.Article 4 of Chapter 4 of Title 41, Chapter 19 of Title
41, and any other provisions of this chapter."
"§8-19C-5
(a) Any person or entity who makes a telephone
solicitation to the telephone line of a residential ,
commercial, or cellular telephone subscriber in this state
shall identify himself or herself as provided under Section
8-19A-12.
(b) No person or entity who makes a telephone
solicitation to the telephone line of a residential ,
commercial, or cellular telephone subscriber in this state may
knowingly utilize a method to block or otherwise circumvent
the use of a caller identification service by the subscriber ,
or cause misleading caller identification information to be
displayed to a subscriber, with the intent to defraud, cause
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displayed to a subscriber, with the intent to defraud, cause
harm, or wrongfully obtain anything of value.
(c) A person or entity who makes a telephone
solicitation to the telephone line of a residential,
commercial, or cellular telephone subscriber in this state may
not make either of the following types of calls:
(1) A call before 8:00 a.m. or after 8:00 p.m. local
time in the called person's time zone.
(2) More than three solicitation calls from any number
to a person over a 24-hour period on the same subject matter
or issue, regardless of the phone number used to make the
call.
(d) This section does not apply to solicitations in
which the name and telephone number of the party on whose
behalf the call is made has been substituted for the name and
telephone number of the service used to make the call ."
"§8-19C-6
The commission may commence proceedings in the circuit
court in the county relating to a knowing violation or
threatened knowing violation of subsection (a) of Section
8-19C-2 (a) or Section 8-19C-5. Proceedings which the
commission may commence, include, without limitation, issuance
of a cease and desist order or issuance of an order imposing a
civil penalty up to a maximum of two thousand dollars ($2,000)
twenty thousand dollars ($20,000) for each violation. The
proceedings shall be brought in the name of the state. The
commission may issue investigative demands, issue subpoenas,
administer oaths, and conduct hearings in the course of
investigating a violation of subsection (a) of Section
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investigating a violation of subsection (a) of Section
8-19C-2 (a) or Section 8-19C-5."
"§8-19C-7
(a) A person who has received more than one telephone
solicitation within a 12-month period by or on behalf of the
same person or entity in violation of subsection (a) of
Section 8-19C-2 (a) or Section 8-19C-5 may bring an action to
enjoin 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.
(b) An action brought pursuant to this section may seek
to enjoin the violation ;, bring an action to recover for
reasonable attorney fees, or bring an action to recover
damages in the amount of actual monetary loss from the knowing
violation or to receive up to two thousand dollars ($2,000)
twenty thousand dollars ($20,000) in damages for each knowing
violation, whichever is greater ; or bring both actions ."
"§8-19C-8
(a) It shall not be a defense in any action or
proceeding brought under Section 8-19C-6 or Section 8-19C-7
that the defendant has established and implemented, with due
care, reasonable practices and procedures to effectively
prevent telephone solicitations in violation of this
chapter did not make the telephone solicitation or was not
aware that the telephone solicitation was in violation of this
chapter, if the telephone solicitation was made on behalf of
the defendant as a result of a written or verbal agreement,
contract, request, or employment relationship. provided, that
it shall be a defense if the defendant has, with respect to
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it shall be a defense if the defendant has, with respect to
the person or entity that made the telephone solicitation,
established policies and procedures to effectively prevent
telephone solicitations in violation of this chapter and
mandated and enforced compliance with those policies and
procedures .
(b) It shall also be a defense in any action or
proceeding brought under this chapter that the telephone
solicitation was made to a residential, commercial, or
cellular telephone subscriber whose telephone number was
provided in error by another subscriber so long as the
defendant did not know, or have reason to know, that the
telephone number was provided in error. "
"§8-19C-11
(a) The remedies, duties, prohibitions, and penalties
of Sections 8-19C-2 to 8-19C-10, inclusive, of this chapter
shall not be exclusive and shall be in addition to all other
causes of action, remedies, and penalties provided by law.
(b) Any person who violates this chapter shall also be
guilty of a deceptive trade practice pursuant to Chapter 19. "
Section 2. This act shall become effective on October
1, 2026.
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