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

31  

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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
    1-604-05




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

 2  

 3            *****************************************

 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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