IN THE SENATE OF THE UNITED STATES
September 9, 2011
Mr. Schumer (for himself, Mr. Casey, and Mrs. McCaskill) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
To require disclosure of the physical location of business agents engaging in customer service communications, and for other purposes.
This Act may be cited as
Notification of Origin of
Telecommunications and Internet Consumer Exchanges Act of
2011 or the
NOTICE Act of 2011.
In this Act:
The term business entity means any organization, corporation, trust, partnership, sole proprietorship, unincorporated association, or venture established to make a profit, in whole or in part, by purposefully availing itself of the privilege of conducting commerce in the United States.
The term commerce has the meaning given the term in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).
The term consumer means any individual within the territorial jurisdiction of the United States who purchases, transacts, or contracts for the purchase or transaction of any goods, merchandise, or services, not for resale in the ordinary course of the individual's trade or business, but for the individual's use or that of a member of the individual's household.
Customer service communication
The term customer service communication means any telecommunication or wire communication between a consumer and a business entity in furtherance of commerce.
The term telecommunication means the transmission, between or among points specified by the communicator, of information of the communicator's choosing, without change in the form or content of the information as sent and received.
The term wire communication or communication by wire means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.
Required disclosure by business entities engaged in customer service communications of physical location
Except as provided in subsection (b), a business entity that either initiates or receives a customer service communication shall require that each of its employees or agents participating in the communication disclose their physical location at the beginning of each customer service communication so initiated or received.
Business entities located in the United States
The requirements of subsection (a) shall not apply to a customer service communication involving a business entity if all of the employees or agents of the business entity participating in such communication are physically located in the United States.
Communication initiated by consumer knowingly to foreign entity or address
The requirements of subsection (a) shall not apply to an employee or agent of a business entity participating in a customer service communication with a consumer if—
the customer service communication was initiated by the consumer;
the employee or agent is physically located outside the United States; and
the consumer knows or reasonably should know that the employee or agent is physically located outside the United States.
The requirements of subsection (a) shall not apply to a customer service communication relating to the provision of emergency services (as defined by the Federal Trade Commission).
Business entities and customer service communications excluded by Federal Trade Commission
The Federal Trade Commission may exclude certain classes or types of business entities or customer service communications from the requirements of subsection (a) if the Commission finds exceptionally compelling circumstances that justify such exclusion.
Each year, each business entity that participates in a customer service communication shall certify to the Federal Trade Commission that it has complied or failed to comply with the requirements of subsection (a).
Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate such regulations as may be necessary to carry out the provisions of this Act.
The requirements of subsection (a) shall apply with respect to customer service communications occurring on or after the date that is 1 year after the date of the enactment of this Act.
Any failure to comply with the provisions of section 3 shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
Powers of Federal Trade Commission
The Federal Trade Commission shall prevent any person from violating this Act, and any regulation promulgated thereunder, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
Any person who violates regulations promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made part of this Act.
Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.