Senate Bill sb0272

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    Florida Senate - 2005                                   SB 272

    By Senator Campbell





    32-225-05

  1                      A bill to be entitled

  2         An act relating to consumer call center

  3         services; providing a short title; providing

  4         definitions; requiring each customer sales call

  5         center and customer service call center to

  6         disclose certain information to customers;

  7         requiring that calls to a foreign country be

  8         rerouted to a call center located in the United

  9         States at the request of the customer;

10         prohibiting a call center from sending a

11         customer's personal identification information

12         to a foreign country without the express

13         written consent of the customer; providing that

14         a customer service employee or call center that

15         violates the act commits a deceptive and unfair

16         trade practice in violation of part II of ch.

17         501, F.S.; providing remedies; providing that

18         an individual whose property or person is

19         injured may institute a civil action for

20         injunctive relief, civil damages, and financial

21         loss; providing for attorney's fees and costs;

22         providing that a civil action does not depend

23         on whether a criminal prosecution has been or

24         will be instituted and that the rights and

25         remedies are in addition to any other rights

26         and remedies provided by law; providing that

27         any person who willfully and without

28         authorization sells or transfers, or attempts

29         to sell or transfer, personal identification

30         under specified circumstances commits the

31         offense of fraudulent sale or transfer of

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    Florida Senate - 2005                                   SB 272
    32-225-05




 1         personal identification information, a felony

 2         of the third degree; providing penalties;

 3         providing an effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  (1)  This section may be cited as the "Call

 8  Center Customer's Protection Act."

 9         (2)  As used in this section, the term:

10         (a)  "Customer" means any person located in this state

11  who places a telephone call or sends an electronic mail

12  message to, or who receives a telephone call or an electronic

13  mail message from, a customer sales call center or customer

14  service call center.

15         (b)  "Customer sales call center" means an entity, the

16  primary purpose of which includes initiating or receiving

17  telephone calls or electronic mail messages for the purpose of

18  initiating a sale, such as soliciting sales, receiving

19  reservations, or receiving and taking orders.

20         (c)  "Customer service call center" means an entity,

21  the primary purpose of which includes initiating or receiving

22  telephone calls or electronic mail messages on behalf of a

23  customer for the purpose of providing services or other

24  benefits, or furnishing information or technical assistance

25  necessary in connection with providing those services or other

26  benefits, such as providing customer services, reactivating

27  dormant accounts, conducting surveys or research, or

28  collecting receivables.

29         (d)  "Customer service employee" means a person

30  employed by or working on behalf of a customer sales call

31  center or customer service call center.

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    Florida Senate - 2005                                   SB 272
    32-225-05




 1         (e)  "Personal identification information" means any

 2  name or number that may be used, alone or in conjunction with

 3  any other information, to identify a specific customer,

 4  including:

 5         1.  A name, social security number, date of birth,

 6  driver's license or identification number issued by a state or

 7  the Federal Government, alien registration number, government

 8  passport number, employer or taxpayer identification number,

 9  Medicaid or food stamp account number, bank account number,

10  credit card or debit card number, or personal identification

11  number or code assigned to the holder of a debit card by the

12  issuer to permit authorized electronic use of such card;

13         2.  Unique biometric data, such as a fingerprint, voice

14  print, retina or iris image, or other unique physical

15  representation;

16         3.  A unique electronic identification number, address,

17  password, or routing code;

18         4.  Telecommunication identifying information or access

19  device; or

20         5.  Any other number or information that can be used to

21  access a person's financial resources.

22         (3)  Each person, company, firm, association,

23  corporation, subsidiary of a corporation, or other business

24  entity or governmental agency that uses a customer sales call

25  center or customer service call center to initiate or receive

26  telephone calls or electronic mail messages from customers

27  shall require that, within the first 30 seconds of any

28  telephone call or electronic mail message and before the

29  customer discloses any personal identification information,

30  the customer service employee initiating or taking the

31  

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    Florida Senate - 2005                                   SB 272
    32-225-05




 1  telephone call or electronic mail message shall provide the

 2  customer with the following information:

 3         (a)  The name or registered alias of the customer

 4  service employee;

 5         (b)  The name of the employer of the customer service

 6  employee;

 7         (c)  The name and location of the municipality, state,

 8  and country of the call center from which the customer service

 9  employee is placing or receiving the telephone call or

10  electronic mail message; and

11         (d)  If applicable, the name and telephone number of an

12  authorized representative of the business or governmental

13  agency using the services of the customer sales call center or

14  customer service call center.

15         (4)  Any telephone call or electronic mail message to

16  or from a customer sales call center or customer service call

17  center in a foreign country shall be rerouted to a customer

18  sales call center or customer service call center located in

19  the United States, if such a request is made by the customer.

20         (5)  A customer sales call center or customer service

21  call center may not send a customer's personal identification

22  information to any third party, including a third party in a

23  foreign country without the express written consent of the

24  customer.

25         (6)  Any customer service employee, customer sales call

26  center, or customer service call center that violates this

27  section commits a deceptive and unfair trade practice in

28  violation of part II of chapter 501, Florida Statutes, and is

29  subject to the penalties and remedies provided under that

30  chapter.

31  

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    Florida Senate - 2005                                   SB 272
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 1         (7)  Any customer whose property or person is injured

 2  as a result of a violation of subsection (5) may:

 3         (a)  Institute a civil action to enjoin and restrain

 4  future acts that constitute a violation of subsection (5) and

 5  to recover financial loss. Financial loss under this paragraph

 6  includes actual losses, lost wages, attorney's fees, and other

 7  costs incurred by the customer in correcting his or her credit

 8  history or credit rating or incurred in connection with any

 9  criminal, civil, or administrative proceeding brought against

10  the customer resulting from the misappropriation of the

11  customer's personal identification information.

12         (b)  Bring a civil suit for damages in an amount of up

13  to $5,000 for each incident, or three times the amount of

14  actual damages, whichever amount is greater. The court, in an

15  action brought under this paragraph, may award reasonable

16  attorney's fees to the prevailing party.

17         (c)  The venue for a civil action brought under this

18  subsection shall be the county in which the plaintiff resides

19  or in any county in which any part of the alleged violation of

20  subsection (5) took place, regardless of whether the defendant

21  was ever actually present in that county. A civil action filed

22  under this subsection must be brought within 5 years after the

23  violation occurred.

24         (d)  A civil action may be filed under this subsection

25  regardless of whether a criminal prosecution has been or will

26  be instituted for the acts that are the subject of the civil

27  action. The rights and remedies provided by this subsection

28  are in addition to any other rights and remedies provided by

29  law.

30         (8)  Any customer service employee who willfully and

31  without authorization violates subsection (5) by transferring

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    Florida Senate - 2005                                   SB 272
    32-225-05




 1  or selling personal identification information concerning a

 2  customer without first obtaining that customer's express

 3  written consent commits the offense of fraudulent transfer of

 4  personal identification, a felony of the third degree,

 5  punishable as provided in section 775.082, section 775.083, or

 6  section 775.084, Florida Statutes.

 7         Section 2.  This act shall take effect July 1, 2005.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Requires each customer sales call center and customer
      service call center to disclose certain information to
12    customers. Directs that calls to a foreign country be
      rerouted to a call center located in the United States at
13    the request of the customer. Prohibits a call center from
      sending a customer's personal identification information
14    to a foreign country without the express written consent
      of the customer. Provides that if a customer service
15    employee or a call center violates this act, the person
      or entity commits a deceptive and unfair trade practice
16    in violation of part II of ch. 501, F.S. Provides that an
      individual whose property or person is injured may
17    institute a civil action for injunctive relief, civil
      damages, and financial loss. Provides for attorney's
18    fees. Provides that a civil action does not depend on
      whether a criminal prosecution has been or will be
19    instituted and that the rights and remedies are in
      addition to any other rights and remedies provided by
20    law. Declares that any person who willfully and without
      authorization sells or transfers, or attempts to sell or
21    transfer, personal identification under specified
      circumstances commits the offense of fraudulent sale or
22    transfer of personal identification information, a felony
      of the third degree.
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