| | | B.__Any paging or cellular phone within the State; or |
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| | | C.__Any unlisted, unpublished, toll-free long distance | | telephone number within the State. |
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| | | 2.__Restriction.__A person may not use an automated | | telephone calling device to make telemarketing calls to any | | telephone number in the State except weekdays between 9 a.m. | | and 5 p.m., according to the time in this State, and may not | | complete more than one telemarketing call to any telephone | | number during each 8-hour period. In addition, the person | | using the device to place the call shall ensure that the | | device disconnects no more than 5 seconds following the | | disconnection of the telephone number called. |
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| | | 3.__Caller identification.__Persons making telemarketing | | calls restricted under the provisions of subsection 2 shall, | | within the first minute of the call, identify the name, | | address and telephone number of the organization for whom the | | call is being made. |
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| | | 4.__Prima facie violation.__Use of any automated telephone | | calling device that calls telephone numbers sequentially and | | can not distinguish the telephone numbers of those authorized | | to be contacted from those it is unlawful to contact is prima | | facie evidence of intent to violate this section. |
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| | | 5.__Exceptions.__This section does not prohibit the use of | | an automated telephone calling device to: |
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| | | 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; |
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| | | B.__Respond to a telephone inquiry initiated by the person | | to whom the automated call is directed; or |
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| | | C.__Carry out the duties of any state or local | | governmental unit. |
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| | | 6.__Failure to produce transcript.__A person using an | | automated telephone calling device for making telemarketing | | calls shall maintain a full transcript of each telemarketing | | call message that the person has transmitted to consumers | | during the previous 24 months. A copy of the transcript must | | be made available to the Attorney General upon request.__ | | Failure to provide a copy of a requested transcript is a | | violation of this section. |
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| | | §14753.__Interference with caller identification service |
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