SB 239: "An Act relating to telephone advertisements, solicitations, and directory listings."
00SENATE BILL NO. 239 01 "An Act relating to telephone advertisements, solicitations, and directory listings." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 45.50.471(b) is amended by adding a new paragraph to read: 04 (41) failing to comply with AS 45.50.475. 05 * Sec. 2. AS 45.50 is amended by adding a new section to read: 06 Sec. 45.50.475. UNLAWFUL UNWANTED TELEPHONE 07 ADVERTISEMENTS AND SOLICITATION. (a) A person is in violation of 08 AS 45.50.471(b)(41) if the person 09 (1) engages in the telephone solicitation of a residential telephone 10 customer of a telecommunications company and the customer is identified in the 11 telephone directory as not wishing to receive telephone solicitations; or 12 (2) uses an automated or recorded message as a telephone 13 advertisement or solicitation. 14 (b) A local exchange telecommunications company and a company that
01 provides a telephone directory on behalf of a local exchange telecommunications 02 company shall provide for the identification in the telephone directory of those 03 residential customers who do not wish to receive telephone solicitations. 04 (c) A local exchange telecommunications company shall, upon request, provide 05 to a person who engages in telephone solicitation a list of all telephone numbers 06 identified in the telephone directory as residential customers who do not wish to 07 receive telephone solicitations. If possible and if requested by the person who engages 08 in telephone solicitation, this list shall be provided in computer readable format. 09 (d) Local exchange telecommunications companies shall inform residential 10 customers of the provisions of this section. Notification may be made by 11 (1) annual inserts in the billing statements mailed to residential 12 customers; or 13 (2) conspicuous publication of the notice in the consumer information 14 pages of local telephone directories. 15 (e) In this section, 16 (1) "customer" means a residential telephone customer of a 17 telecommunications company; 18 (2) "telephone solicitation" 19 (A) means the solicitation by a person by telephone of a 20 customer at the residence of the customer for the purpose of encouraging the 21 customer to purchase property, goods, or services, or make a donation; 22 (B) does not include 23 (i) calls made in response to a request or inquiry by the 24 called customer or communications made during a call made by the 25 customer; 26 (ii) calls made by a charitable organization, a public 27 agency, or volunteers on behalf of the charitable organization or public 28 agency to members of the organization or agency or to persons who 29 have made a donation to the organization or agency or expressed an 30 interest in making a donation; 31 (iii) calls limited to polling or soliciting the expression
01 of ideas, opinions, or votes; 02 (iv) business-to-business calls; or 03 (v) a person soliciting business from prospective 04 purchasers who have previously purchased from the person making the 05 solicitation or from the business enterprise for which the person is 06 calling but only if the person or business enterprise has not received a 07 written request from the prospective purchaser asking that telephone 08 solicitations cease; the person or business enterprise is presumed to 09 have received a written request no later than 10 days after the 10 prospective purchaser mailed it, properly addressed and with the 11 appropriate postage. 12 * Sec. 3. AS 45.50.472 is repealed.