Telephone solicitations-cell phones.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0057

ENROLLED ACT NO. 28, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to
consumer protection;
requiring the public service
commission
to make a determination and report;

prohibiting
unsolicited telephone calls
to
cell phones

with unpublished
tele
phone numbers;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 37-2-132 is created to read
:

37-2-132. Determination of telephone prefixes; report to national do-not-call list.

The public service commission may determine which prefixes or telephone numbers are used in Wyoming primarily for cellular telephone service by determining prefixes or telephone numbers or by utilizing information available from the North American numbering plan administrator, the national pooling administrator, the local number portability administrator or any suitable least cost alternative as determined by the commission. The commission shall report these prefixes and telephone numbers to the national do-not-call list.

S
ection 2.

W
.S.

40
‑
12
‑
301(
a
)
by creating a new paragraph (x
i) and
by
renum
bering
(x
i
) as
(x
i
i
)
and
40
‑
12
‑
302
by creating a new subsection
(
e
)
are amended
to read:

40
‑
12
‑
301.

Definitions.

(a)

As used in this article:

(x
i
)

"Unpublished cellular telephone number" means a
cellular
telephone number
:

(A)

T
hat
has not been requested by the subscriber to be
published in any telephone directory or any list of telephone service subscribers
;
and

(B)

Whose prefix
or telephone number
has been determined by the
office of the
public service commission
to be primarily for cellular telephone service.

(xi)
(xi
i
)

"Unsolicited telephonic sales call" means a telephonic sales call other than a call made:

(A)

In response to an express request of the person called;
(B)

Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call;
(C)

To any person with whom the telephone solicitor had an established business relationship; or
(D)

By a telephone solicitor or merchant making less than two hundred twenty-five (225) unsolicited calls per year.

40
‑
12
‑
302.

Telephone solicitations.

(
e
)

No telephone solicitor or merchant shall willfully make or cause to be made any unsolicited telephonic sales call to any unpublished cellular telephone number.

Section
3
.
This act is effective July 1, 2010.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1