GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 787
|
Short Title: Strengthen Do Not Call Registry. |
(Public) |
|
|
Sponsors: |
Representatives Harrison and Fisher (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
|
|
Referred to: |
State and Local Government II, if favorable, Rules, Calendar, and Operations of the House |
|
April 13, 2017
A BILL TO BE ENTITLED
AN ACT to STRENGTHEN the do not call registry.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 75‑101 reads as rewritten:
"§ 75‑101. Definitions.
The following definitions apply in this Article:
…
(9) Telephone solicitation. – A voice communication, whether prerecorded, live, or a facsimile, over a telephone line or wireless telephone network or via a commercial mobile radio service that is made by a telephone solicitor to a telephone subscriber for the purpose of soliciting or encouraging the purchase or rental of, or investment in, property, goods, or services; obtaining or providing information that will or may be used for that purpose; soliciting or encouraging a telephone subscriber's participation in any contest, sweepstakes, raffle, or lottery, whether legal or illegal; creating a lead or referral for which the solicitor will receive or hopes to receive compensation; or obtaining a charitable donation. "Telephone solicitation" also includes those transactions that are defined as "telemarketing" under the Telemarketing Sales Rule.
(10) Telephone solicitor. – Any
individual, business establishment, business, or other legal entity doing
business in this State that, directly or through salespersons or salespersons,
agents, subagents, contractors, or other third party vendors, makes
or attempts to make telephone solicitations or causes telephone solicitations
to be made. "Telephone solicitor" also includes any party defined as
a "telemarketer" under the Telemarketing Sales Rule. The term also
includes any party that receives a sales lead or inbound call from a telephone
subscriber and knows or has reason to know that the lead or inbound call from
the subscriber was generated by a telephone call.
…."
SECTION 2. G.S. 75‑102 reads as rewritten:
"§ 75‑102. Restrictions on telephone solicitations.
…
(c) Any telephone solicitor who makes a telephone solicitation shall do all of the following:
…
(5) Notwithstanding
subdivision (3) of this subsection, if a telephone solicitor relies on the
established business relationship of an affiliate to solicit a residential
telephone subscriber whose telephone number is listed in the latest edition of
the "Do Not Call" Registry and the person called communicates a
desire to receive no further telephone solicitations from the telephone
solicitor, the telephone solicitor shall take all steps necessary to remove
that telephone subscriber's telephone number from the contact lists of the
telephone solicitor and that affiliate, unless the telephone subscriber
indicates otherwise, and the telephone solicitor and that affiliate shall stop
calling the telephone subscriber at that number within 60 30 business
days.
…."
SECTION 3. G.S. 75‑104 reads as rewritten:
"§ 75‑104. Restrictions on use of automatic dialing and recorded message players.
(a) Except as provided in
this section, no person person, whether directly or through a
salesperson, agent, subagent, contractor, or third party vendor, may use an
automatic dialing and recorded message player to make an unsolicited telephone
call.
…
(c) Any party that knows or has reason to know that the sales leads or inbound telephone calls it is receiving or accepting were generated by calls placed by another party or parties in violation of subsection (a) of this section shall be jointly liable under this act with said party or parties for each call or lead that is received or accepted."
SECTION 4. This act is effective when it becomes law.