General Assembly		Substitute Bill No. 5491
February Session, 2014		*_____HB05491GL____031814____*

AN ACT CONCERNING CUSTOMER SALES AND SERVICE CALLS MADE FROM OUTSIDE THE UNITED STATES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2014) (a) As used in this section:

(1) "Customer sales call center" means an entity whose primary purpose is initiating or receiving telephonic communications on behalf of any person for the purpose of initiating sales, including, but not limited to, making sales solicitations.

(2) "Customer service telephone bank" means an entity whose primary purpose is initiating or receiving telephonic communications on behalf of any person for the purpose of (A) providing services or benefits, or (B) receiving information related to the provision of services or benefits by such person.

(3) "Customer service employee" means a person employed by, or working on behalf of, a customer sales call center or a customer service telephone bank.

(4) "Personal identifying information" includes, but is not limited to, a person's driver's license number, Social Security number, place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number or credit card number.

(b) Any person who conducts business in this state and who has a contract with a customer sales call center or a customer service telephone bank that is entered into, renewed or continued on or after July 1, 2014, shall include a provision in such contract that requires a customer service employee to disclose the following information during the first thirty seconds of each telephone call when the customer service employee makes a telephone call to or receives a telephone call from a resident of this state:

(1) (A) Whether the customer service employee is in a workplace located outside of the United States, and if the employee is in such a workplace, the employee shall also disclose whether the telephone call may require the resident to disclose personal identifying information, and (B) if the telephone call may require the resident to disclose personal identifying information, that the resident may request that the telephone call be transferred to a customer sales call center or customer service telephone bank located in the United States in order to allow the resident to speak with a customer service employee located in the United States; and

(2) Whether the call is being monitored or will be reviewed by a person located outside of the United States, and, if so, that the resident may request that the telephone call be transferred to a customer sales call center or customer service telephone bank located in the United States in order to allow the resident to speak with a customer service employee located in the United States.

(c) (1) Upon receiving a request pursuant to subdivision (1) or (2) of subsection (b) of this section that a telephone call be transferred to a customer sales call center or customer service telephone bank located in the United States, the customer service employee shall immediately transfer such telephone call to a customer sales call center or customer service telephone bank located in the United States.

(2) Upon receiving a request pursuant to subdivision (2) of subsection (b) of this section that the call be transferred, the customer service employee shall ensure that such telephone call is not monitored or reviewed by a person located outside of the United States.

This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2014	New section

Statement of Legislative Commissioners:

In Subsec. (a)(2), subparagraph designators (A) and (B) were inserted and "or benefits" was inserted in subparagraph (A) for accuracy, and in Subsec. (c)(1), a reference to subdivision (2) of subsection (b) was inserted for accuracy.

GL

Joint Favorable Subst. -LCO