00                            HOUSE BILL NO. 380                                                                          
01 "An Act prohibiting certain automated telephone solicitations."                                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
04 to read:                                                                                                                
05       SHORT TITLE. This Act may be known as the Robo-call Prohibition Act.                                              
06    * Sec. 2. AS 45.50.475(a) is amended to read:                                                                      
07            (a)  A person is in violation of AS 45.50.471(b)(41) if the person                                           
08                 (1)  [REPEALED]                                                                                         
09                 (2)  engages in the telephone solicitation of a customer whose                                          
10       telephone number has been registered with the national do not call registry for the                               
11       minimum amount of time required by the national do not call registry before the date                              
12       the call is made;                                                                                                 
13                 (3)  engages in the telephone solicitation of a customer who has                                        
14       previously communicated to the telephone solicitor, or to the business enterprise or                              
15       charitable organization for which the person is calling, the customer's desire not to                             

01       receive telephone solicitations to that number; [OR]                                                              
02                 (4)  originates a telephone call using an automated or recorded message                                 
03       as a telephonic advertisement or a telephone solicitation; or                                                 
04                 (5)  uses an automated telephone system, device, or facsimile                                       
05       machine for the selection and dialing of telephone numbers and playing of                                     
06       recorded messages if a message is completed to the dialed number for the                                      
07       purpose of                                                                                                    
08                      (A)  offering goods or services for sale;                                                      
09                      (B)  conveying information on goods or services in soliciting                                  
10            sales or purchases                                                                                       
11                      (C)  soliciting information;                                                                   
12                      (D)  gathering data or statistics; or                                                          
13                      (E)  promoting a political campaign or any use related to a                                    
14            political campaign.                                                                                      
15    * Sec. 3. AS 45.50.475 is amended by adding a new subsection to read:                                              
16            (h)  A person is not liable for a violation of (a)(5) of this section if the person                          
17       uses                                                                                                              
18                 (1)  an automated telephone system, device, or facsimile machine for                                    
19       the purposes of                                                                                                   
20                      (A)  informing purchasers of the receipt, availability for                                         
21            delivery, delay in delivery, or other pertinent information on the status of any                             
22            purchased goods or services;                                                                                 
23                      (B)  responding to an inquiry initiated by any person; or                                          
24                      (C)  providing any other pertinent information when there is a                                     
25            preexisting business relationship; or                                                                        
26                 (2)  an automated telephone system or device if the person obtains the                                  
27       permission of the called party by a live operator before the recorded message is                                  
28       delivered.