NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 573

HOUSE BILL 1004

 

 

AN ACT TO PROHIBIT THE USE OF AUTOMATIC DIALING AND RECORDED MESSAGE PLAYERS FOR MAKING UNSOLICITED TELEPHONE CALLS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 1 of Chapter 75 of the North Carolina General Statutes is amended by adding G.S. 75-30 as follows:

"§ 75-30.  Automatic dialing and recorded message players; restriction on use of. — (a) No person may make an unsolicited telephone call by the use of an automatic dialing and recorded message player unless:

(1)        such calling person is a charitable, civic, political or opinion polling organization or a radio station, television station or broadcast rating service conducting a public opinion poll required by law; and

(2)        such calling person clearly identifies the nature of the call and the name and address of the calling organization.

(b)        As an exception to subsection (a) an unsolicited telephone call may be made by the use of an automatic dialing and recorded message player if the recorded message is preceded by an announcement made by a human operator who:

(1)        states the nature and length in minutes of the recorded message; and

(2)        identifies the individual, business, group, or organization calling; and

(3)        asks the called party whether he is willing to listen to the recorded message; and

(4)        disconnects from the called party's line if the called party is unwilling to listen to the recorded message.

(c)        For the purpose of this section an automatic dialing and recorded message player shall be defined as any automatic equipment which incorporates a storage capability of telephone numbers to be called or a random or sequential number generator capable of producing numbers to be called and the capability, working alone or in conjunction with other equipment, of disseminating prerecorded message to the telephone number called.

(d)        For the purpose of this section, a telephone call shall be deemed to be unsolicited unless pursuant to a prior agreement between the parties the person called has agreed to accept such calls from the person calling.

(e)        Violation of this section shall be a misdemeanor, punishable by a fine of one hundred dollars ($100.00), for each occurrence."

Sec. 2.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 16th day of May, 1979.