telephone solicitations;
seller
SB 1254 amends the telephone solicitation provisions of law.
The Federal Telephone Consumer Protection Act [TCPA] was enacted in 1991 to address concerns regarding unsolicited telemarketing calls and telephone facsimile [fax] transmissions as well as the use of prerecorded/auto-dial telephone calls. The TCPA directed the Federal Communications Commission [FCC] to adopt pertinent rules and regulations. The FCC Rules are applicable to calls made across state lines and regulate the hours and manner in which solicitations may be made. If a person requests that no additional calls be made to the person, then FCC Rules require the solicitor to place that person's name on their do-not-call list. The FCC rules exclude from the definition of telephone solicitation: a) a call or message to any person with the person's prior express invitation/permission; b) a call to a person with whom there is an established business relationship; and, c) a call on behalf of a tax-exempt nonprofit corporation.
The Arizona Legislature enacted Laws 1999, Chapter 192, which prescribes restrictions for telephone solicitors, including a requirement to register with the Secretary of State. Further, the law specifies the following as unlawful: 1.) Using equipment that blocks the caller's identification. 2.) Making unsolicited sales calls, unless the seller keeps a do-not-call list. 3.) Intentionally making unsolicited calls to a mobile phone or pager. 4.) Using an artificial or prerecorded voice to deliver messages to residential customers. 5.) Using automatic terminal equipment that can store numbers or using random/sequential number generators.
SB 1254 modifies the definition of seller, limits the hours in which solicitations may be conducted and requires the Secretary of State to establish criteria for a do-not-call list.