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Synopsis As Introduced Amends the Telephone Solicitations Act. Provides that no person shall solicit the sale of goods or services in the State through automatic dialing, the use of an auto dialer, or the use of a computer program designed to mimic a human operator, unless the person being contacted has expressly consented to be contacted in this manner. Provides that, if a person has previously consented to be contacted in the manner otherwise prohibited, the consent shall only be valid for a period of one year and the person shall be allowed to withdraw that consent at any time in the same manner that the consent was given. Provides that a person to whom consent has been given shall not sell, give, transfer, or assign that consent to another person. Provides for exemptions to the provision. Provides that any customer who is subject to a violation of the provision may bring an action for damages of $500 per violation, plus costs and reasonable attorney's fees. Makes a change to the definition of "emergency telephone number".
House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Changes references from "telephone solicitations" to "telephone calls". Provides that no person shall initiate a telephone solicitation in the State through the use of automatic dialing and announcing. Provides that the provision applies to all commercial telephone solicitation intended to be received by a telephone customer in the State, unless the person being contacted has expressly consented to be contacted in this manner or has an existing business relationship with the person initiating the telephone solicitation. Provides that the provisions shall not apply to calls or alerts: (1) made by a not-for-profit organization that is exempt from taxation under Section 501 of the Internal Revenue Code; (2) made by a health care provider, office, and facility licensed in the State; or (3) made by a public utility or telecommunications carrier in the State. Defines "automatic dialing and announcing" and "existing business relationship". Makes other changes.
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