44-1282. Intrastate telemarketing;
prohibitions; enforcement; civil penalty; definition
A. A seller or solicitor or anyone acting on behalf of a seller or solicitor shall
not initiate an intrastate telephone solicitation to a telephone number in this state if
the telephone number is entered in the national do-not-call registry established by the
federal trade commission pursuant to the do-not-call implementation act, except that this
section does not apply to any intrastate telephone solicitation that would be authorized
or permitted by federal law or regulation relating to an interstate telephone
solicitation or to calls made by or on behalf of a seller or solicitor who is licensed
pursuant to title 32, chapter 20 if the calls are made under any of the following
circumstances:
1. In regard to a past or present employment agreement with the consumer pursuant
to title 32, chapter 20, article 3 and who is calling in regard to a subject reasonably
related to the employment agreement.
2. In response to a referral from a natural person with whom the consumer has a
personal relationship.
3. In response to an express request or permission of a consumer whose telephone
number is entered in the national do-not-call registry.
B. If a seller or solicitor or person acting on behalf of a seller or solicitor is
authorized or permitted to perform any action or conduct any practice under the
do-not-call implementation act with respect to interstate telephone solicitations, the
seller, solicitor or person may perform the action or conduct the practice with respect
to intrastate telephone solicitations to telephone numbers in this state.
C. A violation of this section is an unlawful practice pursuant to section 44-1522.
The attorney general may investigate and take appropriate action pursuant to chapter 10,
article 7 of this title, but a civil penalty under section 44-1531 for a violation of
this section shall not exceed one thousand dollars per violation. This subsection is in
addition to all other causes of action, remedies and penalties available to this state.
All monies collected as fines and civil penalties pursuant to this subsection shall be
credited to the state general fund.
D. For the purposes of this section, "do-not-call implementation act" means the
do-not-call implementation act (P.L. 108-10; 117 Stat. 557) as enacted on March 11, 2003
and federal regulations adopted to implement that act.
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