HB3834 - Tennessee - Consumer Protection
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Latest Update: Tuesday, May, 13th 2008 Companion Bill SB3418. Consumer Protection - Prohibits misrepresentation of geographic location in telephone directory or directory assistance database punishable by civil penalty of $5,000 to $25,000. - Amends TCA Title 47, Chapter 18. Fiscal Summary for HB3834 / *SB3418Increase State Revenue - Not Significant Increase State Expenditures - Not Significant Increase Local Govt. Revenue - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for HB3834 / *SB3418 Under present law, it is a violation of the Consumer Protection Act to misrepresent the geographic location of a florist in a local telephone directory. This bill applies the present law to all persons who misrepresent the location of a business in a local telephone directory. Under this bill, misrepresentation of geographical location in a local telephone directory would remain a violation of the Consumer Protection Act; provided, however, the applicable civil penalty would be a minimum of $5,000 and a maximum of $25,000 per violation, instead of a maximum of $1,000 per violation as provided by the Consumer Protection Act. This bill would take effect on July 1, 2008. ON MARCH 31, 2008, THE SENATE ADOPTED AMENDMENTS #1 AND #3 AND RESET SENATE BILL 3418, AS AMENDED. AMENDMENT #1 revises this bill to further clarify that a violation of this bill will be a violation of the Consumer Protection Act. This amendment adds to the definition of "local telephone directory", within which a misrepresentation of geographic location constitutes a violation, to include a directory assistance database or similar service. This amendment changes the amount of the civil penalty for a violation from $5,000 to $25,000, to $1,000 to $5,000. Under this amendment, the act of listing a number for a call center will not be a violation. AMENDMENT #3 includes Internet listings within this bill. ON APRIL 10, 2008, THE SENATE FURTHER CONSIDERED SENATE BILL 3418, AS AMENDED BY AMENDMENTS #1 AND #3, ADOPTED AMENDMENT #4, AND RESET SENATE BILL 3418, AS AMENDED BY AMENDMENTS #1, #3 AND #4. AMENDMENT #4 removes the requirement that a person must have the intent to mislead in order to commit a violation under this bill. ON APRIL 21, 2008, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 3834, AS AMENDED. AMENDMENT #4 makes the same changes as those described above under Senate Amendment #1. Latest Actions
Fiscal Notes
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