Senate Bill sb0614
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Florida Senate - 2005 SB 614
By Senator Hill
1-604-05
1 A bill to be entitled
2 An act relating to consumer call center
3 services; providing definitions; requiring each
4 customer sales call center and customer service
5 call center to disclose certain information to
6 customers; requiring that calls to a foreign
7 country be rerouted to a call center located in
8 the United States at the request of the
9 customer; prohibiting a customer service
10 employee from soliciting personal
11 identification information from a customer;
12 providing certain exceptions; requiring that an
13 audio recording or written documentation of the
14 customer's consent be made and preserved by the
15 customer sales call center or customer service
16 call center; prohibiting a call center from
17 sending a customer's personal identification
18 information to a foreign country without the
19 express consent of the customer; requiring that
20 an audio recording or written documentation of
21 the customer's consent to the foreign country
22 transfer be made and preserved by the customer
23 sales call center or customer service call
24 center; providing that a customer service
25 employee or call center that violates the act
26 commits a deceptive and unfair trade practice
27 in violation of part II of ch. 501, F.S.;
28 providing remedies; providing an effective
29 date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2005 SB 614
1-604-05
1 Section 1. (1) As used in this section, the term:
2 (a) "Customer" means any person located in this state
3 who places a telephone call or sends an electronic mail
4 message to, or who receives a telephone call or an electronic
5 mail message from, a customer sales call center or customer
6 service call center.
7 (b) "Customer sales call center" means an entity, the
8 primary purpose of which includes initiating or receiving
9 telephone calls or electronic mail messages for the purpose of
10 initiating a sale, such as soliciting sales, receiving
11 reservations, or receiving and taking orders.
12 (c) "Customer service call center" means an entity,
13 the primary purpose of which includes initiating or receiving
14 telephone calls or electronic mail messages on behalf of a
15 customer for the purpose of providing services or other
16 benefits, or furnishing information or technical assistance
17 necessary in connection with providing those services or other
18 benefits, such as providing customer services, reactivating
19 dormant accounts, conducting surveys or research, or
20 collecting receivables.
21 (d) "Customer service employee" means a person
22 employed by or working on behalf of a customer sales call
23 center or customer service call center.
24 (e) "Personal identification information" means any
25 name or number that may be used, alone or in conjunction with
26 any other information, to identify a specific customer,
27 including:
28 1. A name, social security number, date of birth,
29 driver's license or identification number issued by a state or
30 the Federal Government, alien registration number, government
31 passport number, employer or taxpayer identification number,
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Florida Senate - 2005 SB 614
1-604-05
1 Medicaid or food stamp account number, bank account number,
2 credit card or debit card number, or personal identification
3 number or code assigned to the holder of a debit card by the
4 issuer to permit authorized electronic use of such card;
5 2. Unique biometric data, such as a fingerprint, voice
6 print, retina or iris image, or other unique physical
7 representation;
8 3. A unique electronic identification number, address,
9 password, or routing code;
10 4. Telecommunication identifying information or access
11 device; or
12 5. Any other number or information that can be used to
13 access a person's financial resources.
14 (2) Each person, company, firm, association,
15 corporation, subsidiary of a corporation, or other business
16 entity or governmental agency that uses a customer sales call
17 center or customer service call center to initiate or receive
18 telephone calls or electronic mail messages from customers
19 shall require that, within the first 30 seconds of any
20 telephone call or electronic mail message and before the
21 customer discloses any personal identification information,
22 the customer service employee initiating or taking the
23 telephone call or electronic mail message shall provide the
24 customer with the following information:
25 (a) The name or registered alias of the customer
26 service employee;
27 (b) The name of the employer of the customer service
28 employee;
29 (c) The name and location of the municipality, state,
30 and country of the call center from which the customer service
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Florida Senate - 2005 SB 614
1-604-05
1 employee is placing or receiving the telephone call or
2 electronic mail message; and
3 (d) If applicable, the name and telephone number of an
4 authorized representative of the business or governmental
5 agency using the services of the customer sales call center or
6 customer service call center.
7 (3) Any telephone call or electronic mail message to
8 or from a customer sales call center or customer service call
9 center in a foreign country shall be rerouted to a customer
10 sales call center or customer service call center located in
11 the United States, if such a request is made by the customer.
12 (4) A customer service employee may not solicit
13 personal identification information from a customer unless the
14 employee informs the customer that disclosing the personal
15 identification is optional and the customer consents to giving
16 the information. An audio recording or written documentation
17 of the customer's consent must be made and preserved by the
18 customer sales call center or customer service call center.
19 (5) A customer service employee may not send a
20 customer's personal identification information to any third
21 party, including a third party in a foreign country, without
22 the express consent of the customer. An audio recording or
23 written documentation of the customer's consent must be made
24 and preserved by the customer sales call center or customer
25 service call center.
26 (6) Any customer service employee, customer sales call
27 center, or customer service call center that violates this
28 section commits a deceptive and unfair trade practice in
29 violation of part II of chapter 501, Florida Statutes, and is
30 subject to the penalties and remedies provided under that
31 chapter.
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Florida Senate - 2005 SB 614
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1 Section 2. This act shall take effect July 1, 2005.
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4 SENATE SUMMARY
5 Requires each customer sales call center and customer
service call center to disclose certain information to
6 customers. Directs that calls to a foreign country be
rerouted to a call center located in the United States at
7 the request of the customer. Prohibits a customer service
employee from soliciting personal identification
8 information from a customer. Provides certain exceptions.
Requires that an audio recording or written documentation
9 of the customer's consent be made and preserved by the
customer sales call center or customer service call
10 center. Prohibits a call center from sending a customer's
personal identification information to a foreign country
11 without the express consent of the customer. Requires
that an audio recording or written documentation of the
12 customer's consent to the foreign country transfer be
made and preserved by the customer sales call center or
13 customer service call center. Provides that if a customer
service employee or a call center violates this act, the
14 person or entity commits a deceptive and unfair trade
practice in violation of part II of ch. 501, F.S.
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