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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. |
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| | | §14752.__Automated telemarketing calls prohibited |
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| | | 1.__Prohibited use.__A person may not use an automated | | telephone calling device to make telemarketing calls to: |
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| | | 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; |
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| | | 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| | | C.__Any unlisted, unpublished, toll-free long distance | | telephone number within the State.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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