(a) G.S. 75‑102(a)does not apply to any of the following telephone solicitations that are made:
(1) To any telephonesubscriber with the telephone subscriber's prior express invitation orpermission.
(2) To any telephone subscriberwith whom the telephone solicitor has an established business relationship.
(3) By or on behalf of atax‑exempt nonprofit organization.
(4) By or on behalf of atelephone solicitor that employs fewer than 10 full‑time or part‑timedirect employees, the telephone solicitations are made by the direct employees,and the direct employees collectively make or attempt to make no more than anaverage of 10 telephone solicitations to telephone subscribers per week duringa calendar year.
(5) To any telephonesubscriber for the sole purpose of arranging a subsequent face‑to‑facemeeting between the telephone solicitor and the telephone subscriber and thetelephone solicitor does none of the following during the telephonesolicitation:
a. Seek payment fromthe telephone subscriber in connection with the sale or rental of, orinvestment in, property, goods, or services.
b. Complete the sale orrental of, or investment in, property, goods, or services.
c. Obtain provisionalacceptance of a sale, rental, or investment.
d. Obtain the agreementof the telephone subscriber to participate in any contest, sweepstakes, raffle,or lottery.
e. Directly followingthe telephone solicitation, go or cause an individual to go to the telephonesubscriber to collect a payment or deliver any item purchased.
(6) By a personprimarily soliciting the sale of a subscription for a newspaper of generalcirculation.
(b) G.S. 75‑102(c)(3),75‑102(d), 75‑102(g), and 75‑102(j) do not apply to anytelephone solicitations described in G.S. 75‑103(a)(1), (2), (3), (4),and (5).
(c) G.S. 75‑102(e)does not apply to any of the telephone solicitations described in subdivisions(a)(4) and (a)(5) of this section.
(d) G.S. 75‑102(e)does not apply to any of the telephone solicitations described in subdivisions(a)(1), (a)(2), and (a)(3) of this section, except that these types oftelephone solicitations shall comply with sections 310.3(a)(2), (a)(3), and(a)(4), 310.3(c), 310.3(d), 310.4(a), 310.4(b)(1)(i) and (iv), (b)(2), (b)(3),and (b)(4), and 310.4(e) of the Telemarketing Sales Rule.
(e) In any disputeregarding whether a telephone subscriber has provided an express invitation orpermission under subsection (a) of this section, the telephone solicitor hasthe burden of proving that the telephone subscriber has provided thispermission by producing the original document, a facsimile document, or anelectronic form, signed by the telephone subscriber, or other authenticationthat evidences permission. A telephone subscriber may subsequently retract expressinvitation or permission by indicating a desire not to receive furthertelephone solicitations under G.S. 75‑102(b). (2003‑411, s. 3.)
(a) G.S. 75‑102(a)does not apply to any of the following telephone solicitations that are made:
(1) To any telephonesubscriber with the telephone subscriber's prior express invitation orpermission.
(2) To any telephone subscriberwith whom the telephone solicitor has an established business relationship.
(3) By or on behalf of atax‑exempt nonprofit organization.
(4) By or on behalf of atelephone solicitor that employs fewer than 10 full‑time or part‑timedirect employees, the telephone solicitations are made by the direct employees,and the direct employees collectively make or attempt to make no more than anaverage of 10 telephone solicitations to telephone subscribers per week duringa calendar year.
(5) To any telephonesubscriber for the sole purpose of arranging a subsequent face‑to‑facemeeting between the telephone solicitor and the telephone subscriber and thetelephone solicitor does none of the following during the telephonesolicitation:
a. Seek payment fromthe telephone subscriber in connection with the sale or rental of, orinvestment in, property, goods, or services.
b. Complete the sale orrental of, or investment in, property, goods, or services.
c. Obtain provisionalacceptance of a sale, rental, or investment.
d. Obtain the agreementof the telephone subscriber to participate in any contest, sweepstakes, raffle,or lottery.
e. Directly followingthe telephone solicitation, go or cause an individual to go to the telephonesubscriber to collect a payment or deliver any item purchased.
(6) By a personprimarily soliciting the sale of a subscription for a newspaper of generalcirculation.
(b) G.S. 75‑102(c)(3),75‑102(d), 75‑102(g), and 75‑102(j) do not apply to anytelephone solicitations described in G.S. 75‑103(a)(1), (2), (3), (4),and (5).
(c) G.S. 75‑102(e)does not apply to any of the telephone solicitations described in subdivisions(a)(4) and (a)(5) of this section.
(d) G.S. 75‑102(e)does not apply to any of the telephone solicitations described in subdivisions(a)(1), (a)(2), and (a)(3) of this section, except that these types oftelephone solicitations shall comply with sections 310.3(a)(2), (a)(3), and(a)(4), 310.3(c), 310.3(d), 310.4(a), 310.4(b)(1)(i) and (iv), (b)(2), (b)(3),and (b)(4), and 310.4(e) of the Telemarketing Sales Rule.
(e) In any disputeregarding whether a telephone subscriber has provided an express invitation orpermission under subsection (a) of this section, the telephone solicitor hasthe burden of proving that the telephone subscriber has provided thispermission by producing the original document, a facsimile document, or anelectronic form, signed by the telephone subscriber, or other authenticationthat evidences permission. A telephone subscriber may subsequently retract expressinvitation or permission by indicating a desire not to receive furthertelephone solicitations under G.S. 75‑102(b). (2003‑411, s. 3.)
(a) G.S. 75‑102(a)does not apply to any of the following telephone solicitations that are made:
(1) To any telephonesubscriber with the telephone subscriber's prior express invitation orpermission.
(2) To any telephone subscriberwith whom the telephone solicitor has an established business relationship.
(3) By or on behalf of atax‑exempt nonprofit organization.
(4) By or on behalf of atelephone solicitor that employs fewer than 10 full‑time or part‑timedirect employees, the telephone solicitations are made by the direct employees,and the direct employees collectively make or attempt to make no more than anaverage of 10 telephone solicitations to telephone subscribers per week duringa calendar year.
(5) To any telephonesubscriber for the sole purpose of arranging a subsequent face‑to‑facemeeting between the telephone solicitor and the telephone subscriber and thetelephone solicitor does none of the following during the telephonesolicitation:
a. Seek payment fromthe telephone subscriber in connection with the sale or rental of, orinvestment in, property, goods, or services.
b. Complete the sale orrental of, or investment in, property, goods, or services.
c. Obtain provisionalacceptance of a sale, rental, or investment.
d. Obtain the agreementof the telephone subscriber to participate in any contest, sweepstakes, raffle,or lottery.
e. Directly followingthe telephone solicitation, go or cause an individual to go to the telephonesubscriber to collect a payment or deliver any item purchased.
(6) By a personprimarily soliciting the sale of a subscription for a newspaper of generalcirculation.
(b) G.S. 75‑102(c)(3),75‑102(d), 75‑102(g), and 75‑102(j) do not apply to anytelephone solicitations described in G.S. 75‑103(a)(1), (2), (3), (4),and (5).
(c) G.S. 75‑102(e)does not apply to any of the telephone solicitations described in subdivisions(a)(4) and (a)(5) of this section.
(d) G.S. 75‑102(e)does not apply to any of the telephone solicitations described in subdivisions(a)(1), (a)(2), and (a)(3) of this section, except that these types oftelephone solicitations shall comply with sections 310.3(a)(2), (a)(3), and(a)(4), 310.3(c), 310.3(d), 310.4(a), 310.4(b)(1)(i) and (iv), (b)(2), (b)(3),and (b)(4), and 310.4(e) of the Telemarketing Sales Rule.
(e) In any disputeregarding whether a telephone subscriber has provided an express invitation orpermission under subsection (a) of this section, the telephone solicitor hasthe burden of proving that the telephone subscriber has provided thispermission by producing the original document, a facsimile document, or anelectronic form, signed by the telephone subscriber, or other authenticationthat evidences permission. A telephone subscriber may subsequently retract expressinvitation or permission by indicating a desire not to receive furthertelephone solicitations under G.S. 75‑102(b). (2003‑411, s. 3.)
