US Codex
Bill
Notes

Title II — Required disclosure of physical locations in customer service communications

S. 1792 · 116th Congress · Jun 12, 2019 · Lineage

II Required disclosure of physical locations in customer service communications

Sec. 201 Required disclosure by business entities engaged in customer service communications of physical location

(a)
In general— 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.
(b)
Exceptions—
(1)
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.
(2)
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—
(A)
the customer service communication was initiated by the consumer;
(B)
the employee or agent is physically located outside the United States; and
(C)
the consumer knows or reasonably should know that the employee or agent is physically located outside the United States.
(3)
Emergency services— 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).
(4)
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.
(c)
Transfer to U.S.-Based customer service center— A business entity that is subject to the requirements of subsection (a) shall, at the request of a customer, transfer the customer to a customer service agent who is physically located in the United States.
(d)
Certification requirement— 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 subsections (a) and (c).
(e)
Regulations— 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 section.
(f)
Effective date— 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.

Sec. 202 Enforcement

(a)
In general— Any failure to comply with the provisions of section 201 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.
(b)
Powers of Federal Trade Commission—
(1)
In general— The Federal Trade Commission shall prevent any person from violating section 201 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.
(2)
Penalties— Any person who violates regulations promulgated under section 201 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.
(c)
Authority preserved— Nothing in this section or section 201 shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.