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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08                 (1)  [REPEALED                                                                                          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.