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H 3323

Telephone Solicitation Act

2025-2026 Regular Session Introduced by Bill Chumley

Regulates telemarketing: requires prior express written consent for automated calls, truthful caller ID (no spoofing), limits call times/frequency, with exemptions and enforcement.

Referred to Committee on Labor, Commerce and Industry
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Bill Summary · H 3323

Summary — H 3323: "Telephone Solicitation Act"

Note on source material: The document provided appears to combine two different legislative texts (amendments to the Massachusetts Business Corporation Act and a separate “Telephone Solicitation Act” draft written for South Carolina). This summary focuses on the Telephone Solicitation Act language included in the file (the telemarketing/telephone-sales provisions). Verify the official bill text with the legislative body for authoritative language and status.

Purpose

The bill, titled the "Telephone Solicitation Act," seeks to regulate commercial telephonic sales calls by (1) restricting use of automated dialing and prerecorded messages without consent, (2) requiring accurate caller identification, (3) limiting allowable calling times and call frequency, (4) banning deceptive voice-alteration and caller-ID spoofing, and (5) establishing exemptions and enforcement mechanisms.

Key provisions and requirements

  • Definitions:

    • “Called party” = regular user of the telephone number receiving the call.
    • “Caller identification service” = service that displays calling number and name.
    • “Prior express written consent” = written agreement bearing the called party’s signature (electronic signatures allowed where legally valid), specifying the authorized telephone number and containing a clear disclosure that consent authorizes automated calls/recorded messages and is not a purchase condition.

  • Automated calls/recorded messages:

    • Prohibits making or knowingly allowing commercial telephonic sales calls that use automated selection/dialing systems or prerecorded messages without the called party’s prior express written consent.

  • Caller ID and identification:

    • Requires transmission of the originating telephone number and, when available, the solicitor’s name to the recipient’s caller ID.
    • Allows substitution of the seller’s name and customer-service number (answered during business hours) in lieu of the originating name/number.
    • If a number shown by caller ID is provided, it must accept inbound calls and link callers to the solicitor or seller.

  • Deceptive practices:

    • Prohibits intentionally altering the caller’s voice to disguise identity for the purpose of defrauding, confusing, injuring the recipient, or obtaining personal information for fraudulent use.
    • Prohibits deliberate display of a different caller ID number (spoofing) to conceal the call origin.

  • Rebuttable presumption:

    • A commercial telephonic sales call made to any area code in the state is presumed (rebuttably) to be made to a state resident or someone physically present in the state at the time of the call.

  • Time and frequency limits:

    • Calls prohibited before 8:00 a.m. or after 8:00 p.m. local time of the called person.
    • No more than three commercial solicitation calls from any number to a person over a 24-hour period on the same subject matter, regardless of calling number used.

  • Exemptions (non-exhaustive):

    • Isolated, one-off commercial transactions (not part of repeated pattern).
    • Solicitations for religious, charitable, political, or educational purposes (some nonprofit solicitations limited to properly registered nonprofit organizations).
    • Calls where major sales presentation and sale occur later in person (with caveats).
    • Licensed securities/commodities/investment professionals acting within the scope of their licenses.
    • Other exemptions appear in truncated text; full list should be confirmed in the full bill.

  • Remedies and enforcement:

    • The included text indicates the bill “provides for remedies,” but the detailed remedies/enforcement provisions (private right of action, statutory damages, civil penalties, enforcement agency) are truncated in the available text and should be reviewed in the complete bill.

Who is affected

  • Directly affects: commercial telephone sellers, telemarketers, call centers, and sales agents placing automated or prerecorded commercial calls to residents of the state.
  • Indirectly affects: businesses that contract third-party telemarketing services, telephone carriers (caller-ID obligations), and consumers/residents (increased protections against unwanted or deceptive calls).

Procedural/status notes

  • The supplied legislative action timeline mixes entries from different jurisdictions and bills. Provided dates include committee referrals, hearings, and procedural actions (e.g., prefiled 12/05/2024; introduced 01/14/2025; referral to committee; hearing scheduled 05/13/2025; committee reported favorably 07/03/2025; rules suspended and readings in July 2025). Because jurisdiction and docket entries appear inconsistent, check the relevant state legislature’s official website or bill-tracking system to confirm the current status, sponsor, and final bill text.

If you want, I can:
- Pull together a plain-language “what this means for businesses & consumers” one-page checklist, or
- Look up the authoritative current bill text/status for the specific legislature you care about (please confirm which state: South Carolina or Massachusetts).

Compiled from official sources — confirm details with the bill’s official record.

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