Sec. 4. 10 MRSA §1498, sub-§§5 and 6, as enacted by PL 1989, c. 775, are amended to read:

5. Prima facie violation. Use of any automated calling device that calls telephone numbers sequentially and cannot can not distinguish the telephone numbers of those authorized to be contacted from those it is unlawful to contact pursuant to subsection 3 is prima facie evidence of intent to violate this section.

6. Exceptions. This section does not prohibit the use of an automated telephone calling device to:

A. Inform purchasers of the receipt, availability or delivery of goods or services or any other pertinent information on the status of any purchased goods or services;

B. Respond to a telephone inquiry initiated by the person to whom the automated call is directed; or

C. Carry out the duties of any state or local governmental unit.;

D.__Make charitable solicitation calls on behalf of a charitable organization, as defined in Title 9, section 5003; or

E.__Make calls on behalf of a political party or a candidate for elected public office.

SUMMARY

This bill generally prohibits the use of automated telephone solicitation calls to persons in this State. The bill provides exceptions for calls made on behalf of a charitable organization or on behalf of a political party or candidate. It also preserves those portions of existing law that limit and prohibit certain uses of automated telephone solicitation calls and the exceptions to the limits and prohibitions.