LD 1360
pg. 4
Page 3 of 14 An Act To Create a No-contact List and Prohibit Unsolicited E-mail Page 5 of 14
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LR 1206
Item 1

 
B.advertisement if the e-mail service provider has an agreement
with the recipient under which the e-mail service provider
allows the recipient free use of an e-mail account in exchange
for allowing the e-mail service provider to send such
advertisements.

 
§14752.__Automated telemarketing calls prohibited

 
1.__Prohibited use.__A person may not use an automated
telephone calling device to make telemarketing calls to:

 
A.__Any emergency telephone numbers in this State,
including, but not limited to, the emergency telephone
numbers of any hospital, physician, health care facility,
ambulance service or fire or law enforcement officer or
facility;

 
B.__Any paging or cellular phone within the State; or

 
C.__Any unlisted, unpublished, toll-free long distance
telephone number within the State.

 
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.

 
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.

 
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.

 
5.__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;


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