Telemarketing fraud, identity theft, and unwelcome phone solicitations at all hours of the night, are just a few of the actions raising fear and anger for many Texans. A recent bill brought before my committee, Business and Industry, would make it unlawful to sell detailed and what many feel is private, personal information. H.B. 611 by Representative Kyle Janek (Houston) was filed because of the numerous agencies which engage in the practice of assembling or evaluating consumer credit information or other personal information on consumers so they can make money selling it to third parties. Many times, this information has been used unlawfully by some to commit fraud causing a great deal of personal anguish and financial loss to their victims. This bill, if enacted, will protect the confidentiality of a customer's personal information (name, address, telephone number, driver's license number and social security number) and provides a criminal penalty for breach of confidentiality. It has been documented in recent news media that fraud, identity theft and unwelcome solicitations are on the dramatic rise. Also, these issues are beginning to rise to the top of public concern.
Another bill, SB 120, by Senator Gonzalo Barrientos (Austin), would create a single, statewide "don't call" list on which people could request their name be placed. Texas telemarketing companies would be prohibited from calling persons on this list. Telemarketers who refused to honor the "don't call" list would receive fines from the Texas Public Utilities Commission (PUC) of up to $5000 a day for each violation.
According to PUC reports, complaints from citizens tired of calls from telemarketers are growing in number and, while most telemarketing companies have their own internal lists of people who have requested they not be called, enforcement of this request remains weak.
Proponents of the measure say that people should have the right to deny solicitations both in person, as is current law, and over the phone. They say that oftentimes telemarketers target the elderly, who are usually at home and frequently alone during normal working hours.
Opponents say that there are legitimate uses for phone solicitations - such as churches, charities, catalog sales and political campaigns - and that these organizations and businesses should be allowed to conduct their affairs without intrusion from the government. Opponents also fear that telemarketing companies would move out of state where they would not be subject to the Texas law but would continue calling Texas residents.
No one is recommending doing away with the ability for an organization such as your local church or charity (do politicians qualify as a charity, they certainly ask for a lot of money!) being able to use the phones to help make contact with their supporters or solicit funds. Rather, the individual would have the right to privacy and to be able to say "do not sell my private information and do not call me at home!"
There is a legitimate concern that we may need a federal law for all the states to really shut this vexing problem down. If all we do, with tough statewide telemarketing laws, is chase the scallywags across the river, have we done any real good for our citizens or are we merely disadvantaging Texas marketeers and losing jobs for Texans?
I would appreciate your input on these bills. Please contact my office at P.O. Box 2910, Austin, Texas, 78768-2910, or E-mail me at kenn.george@house.state.tx.us. Remember, if you think you have been the victim of telemarketing fraud you can call the PUC hotline at: 1-888-782-8477.