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unwanted%20automated%20telephone%20call%20act%20of%202011-introduced

unwanted%20automated%20telephone%20call%20act%20of%202011-introduced

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Published by: aaron4220 on Feb 01, 2011
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02/01/2011

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_________________________1Councilmember Mary M. Cheh23456A BILL78__________91011IN THE COUNCIL OF THE DISTRICT OF COLUMBIA1213__________141516Councilmember Mary M. Cheh introduced the following bill, which was referred to the17Committee on ______________.1819To restrict the use of unwanted telephone solicitations and automated calls and to require the20availability of an opt-out mechanism during automated calls.2122BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this23act may be cited as the “Unwanted Automated Telephone Call Act of 2011”.24Sec. 2. Definitions.25For the purposes of this act, the term:26(1) “Automatic dialing-announcing device” means a device that selects and dials27phone numbers and that, working alone or in conjunction with other equipment, disseminates a28prerecorded or synthesized voice message to the telephone number called.29(2) “Caller” means a person, corporation, firm, partnership, association, or legal30or commercial entity who attempts to contact, or who contacts, a subscriber in the District by31using a telephone, telephone line, or a voice transferred to a phone by the internet.32(3) “Commercial telephone solicitation” means any unsolicited call to a33subscriber when the person initiating the call does not have a personal relationship or an34established business relationship with the subscriber, and when the purpose of the call is to35
 
 2solicit the purchase or the consideration of purchase of goods or services by the subscriber.1Commercial telephone solicitations do not include calls from:2(A) Any municipal government, state government, or the United States3government for exclusively public purposes; or4(B) Organizations that would be classified as tax-exempt under section5503(c)(3) of the United States Internal Revenue Code.6(4) “Current business relationship” means an ongoing-but-incomplete transaction7between a caller and a subscriber.8(5) “Established business relationship” means a previous transaction or series of 9transactions between a caller and a subscriber that occurred within the 18 months preceding a10call.11(6) “Message” means any call, regardless of its content.12(7) “Opt-out mechanism” means a procedure that allows a subscriber to terminate13the current message and notify the caller that the subscriber should not receive any future calls14initiated by an automatic-dialing announcing device from that caller or sponsoring entity. In the15case of a call that could be answered in person by a subscriber, the subscriber may opt-out using16an automated interactive voice or keypress-activated mechanism. In the case of a call that could17be answered by an answering machine or voicemail service, the person called is provided with a18toll-free telephone number that processes do-not-call requests. The number provided must19connect directly to an automated interactive voice or keypress-activated opt-out mechanism that20automatically adds the number called to the caller or sponsoring entity's do-not-call list.21(8) “Subscriber” means either a person who has subscribed to telephone service22or cellular telephone service from a telephone company or cellular telephone company and other23persons residing with the subscribing person.24
 
 3Sec. 3. Restrictions on use of prerecorded or synthesized voice messages.1(a) A caller shall not use or connect an automatic dialing-announcing device to a2telephone line, cellular telephone line, or a system transferring voice over the internet unless:3(1) The subscriber has voluntarily requested, consented to, permitted, or4authorized receipt of messages from that caller; or5(2) The message is immediately preceded by a live operator who obtains the6subscriber’s consent before the message is delivered.7(b) A caller shall not use an automatic dialing-announcing device without an opt-out8mechanism that:9(1) Is announced and made available within 15 seconds of a person answering the10call; and11(2) Once activated, automatically adds the subscriber’s number to the caller or12sponsoring entity’s do-not-call list and terminates the call.13(c) A caller shall not use an automatic dialing-announcing device unless the device is14designed and operated so as to disconnect within ten seconds after the termination of the15telephone call by the subscriber.16(d) This section and section 5 do not apply to:17(1) Any public-originated message. This shall include a message from public18schools or districts and charter schools to enrolled students or parents;19(2) Messages from private schools to enrolled students or parents;20(3) Messages to subscribers with whom the caller has a current business or21personal relationship; or22(4) Messages from employers to employees.23Sec. 4. Requirements for messages preceded by a live operator.24

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