Solicitations: do not contact list.

Existing law regulates telephone solicitations by telephone solicitors, as defined, and specifies those representations by a telephone solicitor to a prospective purchaser that constitute a telephone solicitation for purposes of this law. Existing law prohibits, subject to certain exceptions, a telephone solicitor from calling any California telephone number, beginning on or after the 31st day after the federal "do not call" registry becomes available, to, among other things, seek to offer a prize; to rent, sell, exchange, promote, gift, or lease any goods or services; to offer or solicit credit; to seek certain marketing information; or to seek to sell or promote any investment, insurance, or financial services. Existing law does not prohibit a telephone solicitor from contacting by mail a residential or wireless telephone subscriber whose telephone number appears on the "do not call" list to obtain the subscriber's express written permission allowing the telephone solicitor to make the otherwise prohibited calls. Existing law provides that it is unlawful for a person to use a "do not call" list for other than specified purposes. A violation of these provisions is a crime, punishable by specified penalties, and a violation of the provisions applicable to the "do not call" registry are subject to specified civil liability. This bill would require the Attorney General to maintain a "do not contact" list, updated no less frequently than quarterly, that sets forth the telephone numbers or physical mail addresses or both of telephone subscribers or mail recipients or both, who do not wish to receive unsolicited and unwanted telephone solicitation calls or physical mail or both from solicitors, as described. The bill would require the "do not contact" list to include any California telephone numbers that are on the "do not call" registry established and maintained by the Federal Trade Commission. The bill would prohibit, subject to certain exceptions, a solicitor, as defined, from calling a telephone number or sending mail to a physical mail address on the "do not contact" list, beginning on the 31st day after this list becomes available to solicitors. By changing the definition of a crime, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.