HB 243: "An Act prohibiting certain automated telephone solicitations."
00 HOUSE BILL NO. 243 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 AS 45.50.475(a) is amended to read: 07 (a) A person is in violation of AS 45.50.471(b)(41) if the person 08 (1) [REPEALED 09 (2)] engages in the telephone solicitation of a customer whose 10 telephone number has been registered with the national do not call registry for the 11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 (2) [(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 (3) [(4)] originates a telephone call using an automated or recorded 03 message as a telephonic advertisement or a telephone solicitation; or 04 (4) 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(d) is amended to read: 16 (d) A person who employs individuals to engage in telephone solicitations is 17 not liable for a violation of (a)(1) or (2) [(a)(1) - (3)] of this section if the person 18 establishes that 19 (1) the person has adopted and implemented written procedures and 20 policies to comply with (a)(1) or (2) [(a)(1) - (3)] of this section, including corrective 21 actions if appropriate; 22 (2) the person has trained its personnel in the procedures and policies 23 established under (1) of this subsection; 24 (3) the call that violated (a)(1) or (2) [(a)(1) - (3)] of this section was 25 made contrary to the procedures and policies established by the person; and 26 (4) the call that violated (a)(1) or (2) [(a)(1) - (3)] of this section was 27 made as a result of a good faith error. 28 * Sec. 4. AS 45.50.475(e) is amended to read: 29 (e) An individual who solicits a telephone customer in violation of (a)(1) or 30 (2) [(a)(1) - (3)] of this section is not liable for the violation if the individual 31 establishes that the individual did not intend to make the call in violation of this
01 section and did not recklessly disregard information or policies and procedures that 02 would have avoided the improper call. 03 * Sec. 5. AS 45.50.475 is amended by adding a new subsection to read: 04 (h) A person is not liable for a violation of (a)(4) of this section if the person 05 uses 06 (1) an automated telephone system, device, or facsimile machine for 07 the purposes of 08 (A) informing purchasers of the receipt, availability for 09 delivery, delay in delivery, or other pertinent information on the status of any 10 purchased goods or services; 11 (B) responding to an inquiry initiated by any person; or 12 (C) providing any other pertinent information when there is a 13 preexisting business relationship; or 14 (2) an automated telephone system or device if the person obtains the 15 permission of the called party by a live operator before the recorded message is 16 delivered.