HOUSE BILL 971284
BY REPRESENTATIVES Tupa, Allen, Bacon, and Nichol;
also SENATORS Rizzuto, Arnold, Bishop, Chlouber,
Powers, and Wattenberg.
CONCERNING DECEPTIVE TRADE PRACTICES INVOLVING UNSOLICITED
ELECTRONIC COMMUNICATIONS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 61105 (1),
Colorado Revised Statutes, 1992 Repl. Vol., as amended, is amended
BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:
61105. Deceptive trade
practices. (1) A person engages
in a deceptive trade practice when, in the course of such person's
business, vocation, or occupation, such person:
(p.5) (I) SOLICITS A CONSUMER RESIDING
IN COLORADO BY A FACSIMILE TRANSMISSION WITHOUT INCLUDING IN THE
FACSIMILE MESSAGE A TOLLFREE TELEPHONE NUMBER WHICH A RECIPIENT
OF THE UNSOLICITED TRANSMISSION MAY USE TO NOTIFY THE SENDER NOT
TO TRANSMIT TO THE RECIPIENT ANY FURTHER UNSOLICITED TRANSMISSIONS.
(II) THE PROVISIONS OF THIS PARAGRAPH
(p.5) SHALL NOT APPLY TO UNSOLICITED TRANSMISSIONS IF THERE IS
AN EXISTING BUSINESS RELATIONSHIP BETWEEN THE SELLER AND THE CONSUMER
AT THE TIME OF THE SOLICITATION OR IF THE FACSIMILE TRANSMISSION
WAS REQUESTED OR INITIATED BY THE CONSUMER. THE PROVISIONS OF
THIS PARAGRAPH (p.5) SHALL NOT APPLY TO THE TRANSMISSION OF DOCUMENTS
BY A TELECOMMUNICATIONS PROVIDER TO THE EXTENT THAT THE TELECOMMUNICATIONS
PROVIDER MERELY PROVIDES TRANSMISSION FACILITIES.
(p.7) SELLS A CONSUMER'S FACSIMILE NUMBER
WITHOUT EITHER GIVING NOTICE TO THE CONSUMER THAT THE NUMBER COULD
BE SOLD TO OTHER PERSONS OR WITHOUT ALLOWING THE CONSUMER THE
OPTION OF PREVENTING THE SALE OF THE CONSUMER'S NUMBER TO OTHERS;
SECTION 2. Effective date. This
act shall take effect July 1, 1997.
SECTION 3. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO