17590.  (a) There is a compelling state interest to protect the
privacy of residential or wireless telephone subscribers who wish to
avoid unsolicited and unwanted telephone solicitations.  For the
purposes of this article, a residential or wireless telephone
subscriber shall be referred to as a subscriber.
   (b) The act of becoming a subscriber should not undermine or
lessen a person's right of privacy as guaranteed under Section 1 of
Article I of the California Constitution.



17591.  (a) The Attorney General shall not later than January 1,
2003, maintain a "do not call" list, updated no less frequently than
quarterly, which shall set forth the California telephone numbers and
ZIP Codes, but not the names or addresses, of subscribers, arranged
by area code and numerical sequence, who do not wish to receive
unsolicited and unwanted telephone calls from telephone solicitors as
defined in Section 17592.  The "do not call" list shall indicate any
exclusions designated by the subscriber as provided in subdivision
(b).
   (b) Subscribers may place their telephone numbers and ZIP Codes on
the "do not call" list in the manner prescribed by the Attorney
General.  The subscriber's placement on the "do not call" list shall
expire three years after the date on which the subscriber's telephone
number and ZIP Code first became available on the list to telephone
solicitors.  The Attorney General shall triennially charge these
subscribers a fee not to exceed five dollars ($5).  A subscriber may
exclude from the coverage of the "do not call" list telephone calls
from entities identified by the subscriber.  The subscriber shall
designate any exclusions in the manner prescribed by the Attorney
General.
   (c) Telephone solicitors, as defined in Section 17592, shall
obtain copies of the "do not call" list by paying a fee to the
Attorney General in an amount not to exceed the costs incurred by the
Attorney General in the preparation, maintenance, production, and
distribution of that list.  The Attorney General shall establish a
sliding scale fee schedule, charging a telephone solicitor with more
than 1,000 employees or independent contractors the maximum fee and
charging a telephone solicitor with fewer than five full-time
employees no fee.  The Attorney General shall provide a telephone
solicitor the option of paying this fee on a quarterly or annual
basis.  The Attorney General shall offer a statewide list and shall
also offer lists of areas within the state.  The determination of the
number and definition of areas shall be within the discretion of the
Attorney General.
   (d) The Attorney General shall utilize the best available,
cost-effective technology to ensure that subscribers may easily place
their telephone numbers on the "do not call" list.  This technology
includes, but is not limited to, methods by which a subscriber may
effect placement on the list by using a state-designated Internet Web
site or a designated, statewide toll-free telephone number.  When
the subscriber utilizes the toll-free telephone number method, the
subscriber shall call from the telephone that is also the number to
be included on the list.  The Attorney General shall also utilize the
best available, cost-effective technology to ensure that telephone
solicitors may easily obtain and manipulate the "do not call" list.
This technology may include, but is not limited to, methods that are
computer compatible and that allow the downloading of the list and
the sorting of the list by ZIP Code and that make the list available
on CD-ROM.  The Attorney General may contract with a private vendor
to establish, maintain, and administer the "do not call" list and a
contract entered into in that regard shall include appropriate
provisions to protect the confidentiality of subscriber information.
The Attorney General may promulgate regulations to implement the
provisions of this article.
   (e) It is the intent of the Legislature that the fees paid to the
Attorney General by telephone solicitors and subscribers be utilized
by the Attorney General in carrying out this article.  The Attorney
General shall annually reduce the amount of the fee paid by
subscribers and telephone solicitors set forth in this section based
on revenue history and costs so that the fees do not exceed the
actual estimated costs in carrying out this article.  The fees
obtained by the Attorney General shall be deposited in the Special
Telephone Solicitors Fund, which is hereby created.  All moneys in
the fund shall be subject to annual appropriation in the Budget Act.

   (f) A person or entity that obtains a "do not call" list shall not
use the list for any purpose other than to comply with this article.
  These unlawful purposes include, but are not limited to, causing a
subscriber to participate in and be included on, the "do not call"
list without the subscriber's knowledge or consent, selling or
leasing the "do not call" list to a person other than a telephone
solicitor, selling or leasing by a telephone solicitor of the "do not
call" list, and a telephone solicitor, either directly or
indirectly, persuading a subscriber with whom it has an established
business relationship to place his or her telephone number on the "do
not call" list, if the solicitation has the effect of preventing
competitors from contacting that solicitor's customers.




17592.  (a) For purposes of this article, a "telephone solicitor"
means any person or entity who, on his or her own behalf or through
salespersons or agents, announcing devices, or otherwise, makes or
causes a telephone call to be made to a California telephone number
that does any of the following:
   (1) Seeks to offer a prize or to rent, sell, exchange, promote,
gift, or lease goods or services or documents that can be used to
obtain goods or services.
   (2) Offers or solicits or seeks to offer or solicit any extension
of credit for personal, family, or household purposes.
   (3) Seeks marketing information that will or may be used for the
direct solicitation of a sale of goods or services to the subscriber.

   (4) Seeks to sell or promote any investment, insurance, or
financial services.
   (5) Seeks to make any telephone solicitation or attempted
telephone solicitation as described in Section 17511.1.
   (b) A person or entity does not necessarily qualify as a telephone
solicitor if the products or services of the person or entity are
sold or marketed by an independent contractor whose business
practices are not controlled by the person or entity.
   (c) Except for telephone calls described in subdivision (e),
beginning on the 31st day after the current "do not call" list
becomes available, no telephone solicitor shall call any telephone
number on the then current "do not call" list and do any of the
following:
   (1) Seek to offer a prize or to rent, sell, exchange, promote,
gift, or lease goods or services or documents that can be used to
obtain goods or services.
   (2) Offer or solicit or seeks to offer or solicit any extension of
credit for personal, family, or household purposes.
   (3) Seek marketing information that will or may be used for the
direct solicitation of a sale of goods or services to the subscriber.

   (4) Seek to sell or promote any investment, insurance, or
financial services.
   (5) Seek to make any telephone solicitation or attempted telephone
solicitation as described in Section 17511.1.
   Between the time that a new "do not call" list becomes available
and the 31st day thereafter when it becomes effective, telephone
solicitors shall not call any telephone number on the previously
available "do not call" list, if there was a list.
   (d) No person or entity that sells, leases, exchanges, or rents
telephone solicitation lists, except for directory assistance and
telephone directories sold by telephone companies or their
affiliates, shall include in those lists those telephone numbers that
appear on the current "do not call" list.
   (e) Subdivision (c) shall not apply to any of the following:
   (1) Telephone calls made in response to the express request of the
subscriber called, if the request was made prior to the telephone
call to the subscriber; an advertisement by the subscriber; or in
response to the express, written or electronically written permission
of the subscriber obtained pursuant to subdivision (f).  "Express
request" or "prior written permission" does not include any consent
or permission included in any contract of adhesion.  "Express request"
may include a telephone call from a person or entity who has been
provided the subscriber's telephone number and name as a referral
from a solicitor with which the subscriber has an established
business relationship, if that solicitor has obtained the subscriber'
s express request for the referral.  A telephone call is presumed not
to be made at the express request of a subscriber if one of the
following occurs, as applicable:
   (A) The call is made 30 business days after the last date on which
the subscriber contacted a business with the purpose of inquiring
about the potential purchase of goods or services.
   (B) The call is made 30 business days after the last date on which
the subscriber consented to be contacted.
   (C) The call is made after the subscriber has requested that no
further telephone calls be made to him or her.
   (D) The call is made 30 business days after a product or service
becomes available where the subscriber has made a request to the
business for that product or service that is not then available, and
requests a call when the product or service becomes available.
   (2) Telephone calls made in connection with the collection of a
debt or the offer by a creditor to the subscriber of an extension of
credit to pay a delinquent obligation owed by the subscriber to that
creditor.
   (3) Telephone calls that the subscriber excluded from the coverage
of the "do not call" list as provided in subdivision (b) of Section
17591.
   (4) Telephone calls made to a subscriber if the telephone
solicitor has an established business relationship with the
subscriber.  As used in this article, "established business
relationship" means a relationship formed by a voluntary, two-way
communication between a telephone solicitor and a subscriber with or
without an exchange of consideration, on the basis of an application,
purchase, rental, lease, or transaction if the relationship has not
been terminated by the subscriber or the solicitor.  This term also
includes a relationship with a nonprofit entity formed through means
such as previous donations to the nonprofit entity or participation
in or attendance at, events held by the nonprofit entity.  If a
subscriber purchases or obtains a product or service through a
licensed agent or broker, for purposes of this article an established
business relationship is created with the licensed agent or broker
individually, apart from and in addition to, any established business
relationship that may have been created by a licensed agent or
broker acting on behalf of another, and the licensed agent or broker
is a telephone solicitor, as defined in subdivision (a).
Notwithstanding the provisions of this paragraph, an established
business relationship does not exist between the subscriber and any
separate legal entity associated with the telephone solicitor not
acting as an agent or vendor on behalf of the telephone solicitor, as
defined in subdivision (a), unless the separate legal entity shares
the brand name of a business with which the subscriber has an
otherwise established business relationship.  If a separate legal
entity with which a subscriber does not otherwise have an established
business relationship telephones a subscriber on the basis that the
entity shares the brand name, and the subscriber instructs the entity
to place the subscriber on the entity's "do not call" list pursuant
to Section 64.1200 of Title 47 of the Code of Federal Regulations and
Part 310 of Title 16 of the Code of Federal Regulations, that
instruction shall be binding on the entity with which the subscriber
has the established business relationship, with the entity that has
the shared brand name, and all other entities that share that brand
name.  Separate legal entities include, but are not limited to, any
parent company or entity, any subsidiary company or entity, any
partnership or copartner, any joint venture or venturer, association
member, or comember, or any affiliated company or entity.
   (5) Telephone calls made by an individual businessperson or a
small business if the individual businessperson or small business
employs no more than five full or part-time employees or independent
contractors, the individual businessperson or a principal of the
small business makes the telephone calls himself or herself for the
sale of goods or services offered by that individual businessperson
or small business, and the telephone calls are made to subscribers
within a 50-mile radius of the location of the individual
businessperson or small business.  For purposes of this section, the
services offered by the individual businessperson or small business
cannot be telemarketing services.  For purposes of this section,
those independent contractors and employees with whom an individual
businessperson or a small business is required to have a written
independent contractor or employment agreement pursuant to a
regulatory scheme to ensure regulatory accountability of those
independent contractors or employees, are not counted against the
total referenced above.
   (6) A telephone call made solely to verify that a subscriber, and
not an unauthorized third party, has terminated an established
business relationship.
   (7) Telephone calls made by a tax-exempt charitable organization.

   (f) Nothing in this section prohibits a telephone solicitor from
contacting by mail a subscriber whose telephone number appears on the
"do not call" list to obtain the subscriber's express written
permission allowing the telephone solicitor to make the calls
described in subdivision (c).  In any dispute regarding whether a
subscriber has provided this express written permission, the
telephone solicitor has the burden of proving that the subscriber has
provided this permission by producing the original or a facsimile
document, signed by the subscriber, evidencing that permission.



17593.  (a) The Attorney General, a district attorney, or a city
attorney may bring a civil action in any court of competent
jurisdiction against a telephone solicitor to enforce the article and
to obtain any one or more of the following remedies:
   (1) An order to enjoin the violation.
   (2) A civil penalty of up to five hundred dollars ($500) for the
first violation and up to one thousand dollars ($1,000) for a second
and each subsequent violation.  The civil penalties obtained shall be
used to defray any administrative costs associated with the
implementation of this article.
   (3) Any other relief that the court deems proper.
   (b) Any person who has received a telephone solicitation that is
prohibited by Section 17592, or whose telephone number was used in
violation of subdivision (f) of Section 17591, may bring a civil
action in small claims court for an injunction or order to prevent
further violations.  If a person obtains an injunction or order under
this subdivision and service of the injunction or order is properly
effected, a person who thereafter receives further solicitations in
violation of the injunction or order within 30 days after service of
the initial injunction or order, may file a subsequent action in
small claims court seeking enforcement of the injunction or order and
a civil penalty to be awarded to the person in an amount up to one
thousand dollars ($1,000).  For purposes of this subdivision, a
person's claims may not be aggregated to establish jurisdiction in a
court other than small claims court.  For purposes of this
subdivision, a defendant is not required to personally appear, but
may appear by affidavit or by written instrument.
   (c) The rights, remedies, and penalties established by this
article are in addition to the rights, remedies, or penalties
established under other laws.
   (d) It shall be an affirmative defense to any action brought under
this article that the violation was accidental and in violation of
the telephone solicitor's policies and procedures and telemarketer
instruction and training.



17594.  A "do not call" list prepared or maintained by the Attorney
General and any information submitted to the Attorney General by a
subscriber for use in preparing or maintaining that list shall not be
disclosed pursuant to a request made under Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code.




17595.  If a federal agency, pursuant to paragraph (3) of subsection
(c) of Section 227 of Title 47 of the United States Code,
establishes a single national data base of telephone numbers of
subscribers who object to receiving telephone solicitations the
department shall include the part of that single national data base
that relates to California in the "do not call" list established by
Section 17591.