Legislature(2007 - 2008)BELTZ 211

05/01/2007 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 136 DENTAL HYGIENISTS TELECONFERENCED
Heard & Held
+ HB 182 OFFERING PROMOTIONAL CHECKS TELECONFERENCED
Moved CSHB 182(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 155 REGULATION OF WATER/WASTEWATER UTILITIES TELECONFERENCED
<Bill Hearing Postponed>
+= SB 118 PLASTIC BAG FEE; ESTABLISH LITTER FUND TELECONFERENCED
Heard & Held
+= HB 121 WORKERS' COMPENSATION RECORDS TELECONFERENCED
Moved CSHB 121(L&C)am Out of Committee
           CSHB 182(JUD)-OFFERING PROMOTIONAL CHECKS                                                                        
                                                                                                                              
2:03:03 PM                                                                                                                    
CHAIR ELLIS announced CSHB 182(JUD) to be up for consideration.                                                                 
                                                                                                                                
REPRESENTATIVE BOB LYNN,  sponsor of HB 182,  explained that this                                                               
bill is  about small dollar  checks that can cause  big headaches                                                               
for Alaska  consumers. The checks  may be for  only $3 or  $4 and                                                               
according to  the Department of  Law, they are sent  to thousands                                                               
of businesses  and individuals throughout  Alaska. The  good news                                                               
is that  the checks are legitimate,  but the bad news  is that in                                                               
actually  cashing  one  of  them  can  amount  to  an  unintended                                                               
contract and hundreds  of Alaskans cash these  little checks only                                                               
to  find they  are bound  by contract  for products  and services                                                               
they don't want and or need.                                                                                                    
                                                                                                                                
He explained  that last year  the Alaska Department of  Law (DOL)                                                               
announced  the settlement  of a  case with  the California  based                                                               
company  that sent  Alaskans  what appeared  to  be rebates  from                                                               
local yellow page  companies. But it wasn't so.  Endorsement of a                                                               
check for  $3.49 amounted to  an unintended contract for  $179 in                                                               
advertising services.  Consumers did not  see the very  tiny fine                                                               
print on the  back of the check and they  ended up getting billed                                                               
and  hounded  by  collection agencies.  The  Consumer  Protection                                                               
Division  of the  DOL  considers  these checks  to  be a  classic                                                               
example   of  deceptive   acts  and   practices  and   said  that                                                               
prohibiting  these  checks  is   the  only  effective  method  of                                                               
preventing these charges from occurring.                                                                                        
                                                                                                                                
Under this bill,  companies that violate this law  are subject to                                                               
a civil penalty  of a minimum $1,000 per violation  and a maximum                                                               
of  $25,000 per  violation.  This bill  makes  this an  automatic                                                               
violation under consumer protection laws.                                                                                       
                                                                                                                                
2:05:46 PM                                                                                                                    
CHAIR ELLIS asked if this bill  has anything to do with the blank                                                               
checks  contained in  credit  card  bills that  can  be used  for                                                               
several purposes.                                                                                                               
                                                                                                                                
REPRESENTATIVE LYNN replied no; this is a very focused bill.                                                                    
                                                                                                                                
2:06:56 PM                                                                                                                    
SENATOR STEVENS  said he  has received  these checks  himself and                                                               
asked if Alaskans had actually been stuck paying the $180.                                                                      
                                                                                                                                
REPRESENTATIVE   LYNN   replied   that    it   depends   on   the                                                               
sophistication of the  check, which is a contract. He  said a lot                                                               
of times one doesn't know when it happens.                                                                                      
                                                                                                                                
2:09:20 PM                                                                                                                    
JULIA  COSTER, Assistant  Attorney General,  Commercial Practices                                                               
Section, Department  of Law (DOL), said  that Representative Lynn                                                               
is absolutely  correct. Sometimes the consumers  don't know about                                                               
the charges until  some incident happens that brings  it to their                                                               
attention.  Investigations  have  resulted  in  prosecutions  and                                                               
settlements.  The most  recent case  involved 34  state attorneys                                                               
general and resulted in a  settlement. Rather than addressing the                                                               
issue piecemeal, HB 182 makes this issue an automatic violation.                                                                
                                                                                                                                
2:13:35 PM                                                                                                                    
SENATOR STEVENS asked if "Yellow Pages, Inc." is a real company.                                                                
                                                                                                                                
MS. COSTER answered  that it does sound confusing, but  it is the                                                               
settlement that  Representative Lynn  referred to.  Yellow Pages,                                                               
Inc. is  a company based  in Anaheim,  California, but it  is not                                                               
the real yellow pages that put  out the telephone book. It has an                                                               
on-line  Internet directory.  It sent  out promotional  checks to                                                               
consumers in  Alaskans and all  over the country who  were billed                                                               
$179. The checks  along with the marketing  materials looked like                                                               
they  were from  the local  yellow page  companies and  indicated                                                               
they were either  a refund or a rebate.  Collection agencies went                                                               
after them  and many people paid  just to save their  credit even                                                               
though they didn't sign up for anything.                                                                                        
                                                                                                                                
SENATOR STEVENS  asked if the Attorney  General's Office notifies                                                               
the public  with an announcement  to watch out for  Yellow Pages,                                                               
Inc. when the company came to their attention.                                                                                  
                                                                                                                                
MS. COSTER replied yes; press  releases have been issued relating                                                               
to the settlement.                                                                                                              
                                                                                                                                
MARIE DARLIN, Coordinator, Capital  City Task Force, supported HB
182. She has  been told that half of all  the telemarketing fraud                                                               
complaints that  are received are  from victims over 50  years of                                                               
age.                                                                                                                            
                                                                                                                                
MIKE  SICA, staff  to Representative  Lynn,  testified that  Dale                                                               
Layman from Alaska Pacific University  who teaches students about                                                               
warranties  and  other things  was  embarrassed  to say  that  he                                                               
signed one of  those checks, but thought it was  a good lesson he                                                               
could pass on to his students.                                                                                                  
                                                                                                                                
MR.  SICA  said that  thousands  of  Alaskans have  gotten  these                                                               
promotional checks;  hundreds have signed  them. A lot  of people                                                               
are  embarrassed  and others  are  intimidated  into paying.  Ms.                                                               
Coster had  the best  example of  why this  law is  needed. Other                                                               
than a class action suit, the best  way to deal with it is to put                                                               
an enumerated unfair practice in  the law and give the Department                                                               
of Law a big hammer to whack them with.                                                                                         
                                                                                                                                
2:18:57 PM                                                                                                                    
SENATOR DAVIS said she wanted to move the bill today.                                                                           
                                                                                                                                
CHAIR ELLIS said a committee member asked for more information.                                                                 
                                                                                                                                
2:20:10 PM at ease 2:20:53 PM                                                                                               
                                                                                                                                
SENATOR DAVIS  informed them that  the committee  member received                                                               
the information that he had asked for.                                                                                          
                                                                                                                                
SENATOR  STEVENS  explained  that  he had  asked  for  some  real                                                               
examples of the problem, but he  heard those during the course of                                                               
the testimony from  the Department of Law. He moved  to pass CSHB
182(JUD)  from  committee  with  individual  recommendations  and                                                               
attached fiscal  notes. There  were no objections  and it  was so                                                               
ordered.                                                                                                                        
                                                                                                                                

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