GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

S                                                                                                                                                    D

SENATE DRS35120-LD-40B  (01/10)

Short Title:     Deceptive Advertising of Business Location.		(Public)
Sponsors:	Senator Boseman.
Referred to:

A BILL TO BE ENTITLED

AN ACT to prohibit businesses that supply services or products from misrepresenting the geographical locations of their businesses in telephone directories, directory assistance databases, and in print advertisements.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 1 of Chapter 75 of the General Statutes is amended by adding a new section to read:

"§ 75‑40.  Deceptive representation of geographical location in telephone directory or in print advertisement.

(a) A person, firm, or corporation that is in the business of supplying a service or a product shall not misrepresent the geographical location of the business in the listing of the business in a telephone directory or other directory assistance database. A person, firm, or corporation misrepresents the geographical location of the business under this subsection if the name of the business indicates that the business is located in a geographical area and all of the following apply:

(1) The business is not located within the geographical area indicated.

(2) The listing fails to identify the municipality and state of the business's geographical location.

(3) A telephone call to the local telephone number listed in the directory or database routinely is forwarded or transferred to a location that is outside the calling area covered by the directory or database in which the number is listed.

(b) A person, firm, or corporation that is in the business of supplying a service or a product shall not misrepresent the geographical location of the business in print advertisement. A person, firm, or corporation misrepresents the geographical location of the business under this subsection if a fictitious business name or an assumed business name is listed in print advertisement and all of the following apply:

(1) The name misrepresents the geographic location of the supplier.

(2) A telephone call to the local telephone number routinely is forwarded or transferred to a location that is outside the calling area in which the number is listed.

(c) A person, firm, or corporation who misrepresents the geographical location of the business under subsection (a) or subsection (b) of this section is not in violation of this section if a conspicuous notice in the listing or in the print advertisement states the municipality and state in which the business is located and identifies this as the location of the business.

(d) A violation of this section is an unfair trade practice under G.S. 75‑1.1."

SECTION 2.  This act becomes effective October 1, 2007, and applies to any telephone directory, telephone assistance, or print advertisement provided or published on or after that date.