CSHB 109(JUD): "An Act relating to telephone solicitations, advertisements, and directory listings."
00CS FOR HOUSE BILL NO. 109(JUD) 01 "An Act relating to telephone solicitations, advertisements, 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 SOLICITATIONS. (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) originates a telephone call using an automated or recorded message 13 as a telephonic 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. A residential 04 customer who requests to be so identified shall pay for the cost of the identification. 05 (c) A local exchange telecommunications company shall, upon request, provide 06 to a person who engages in telephone solicitation a list of all telephone numbers 07 identified in the telephone directory as residential customers who do not wish to 08 receive telephone solicitations. If possible and if requested by the person who engages 09 in telephone solicitation, this list shall be provided in computer readable format. The 10 local exchange telephone company may impose a reasonable charge for the list. 11 (d) Local exchange telecommunications companies shall inform residential 12 customers of the provisions of this section. Notification may be made by 13 (1) annual inserts in the billing statements mailed to residential 14 customers; or 15 (2) conspicuous publication of the notice in the consumer information 16 pages of local telephone directories. 17 (e) In this section, 18 (1) "charitable organization" has the meaning given in AS 45.68.900; 19 (2) "customer" means a residential telephone customer of a 20 telecommunications company; 21 (3) "telephone solicitation" 22 (A) means the solicitation by a person by telephone of a 23 customer at the residence of the customer for the purpose of encouraging the 24 customer to purchase property, goods, or services, or make a donation; 25 (B) does not include 26 (i) calls made in response to a request or inquiry by the 27 called customer or communications made during a call made by the 28 customer; 29 (ii) calls made by a charitable organization, a public 30 agency, or volunteers on behalf of the charitable organization or public 31 agency to members of the organization or agency or to persons who,
01 within the last 24 months, have made a donation to the organization or 02 agency or expressed an interest in making a donation; 03 (iii) calls limited to polling or soliciting the expression 04 of ideas, opinions, or votes; 05 (iv) business-to-business calls; or 06 (v) a person soliciting business from prospective 07 purchasers who have, within the last 24 months, purchased from the 08 person making the solicitation or from the business enterprise for which 09 the person is calling but only if the person or business enterprise has 10 not received a written request from the prospective purchaser asking 11 that telephone solicitations cease; the person or business enterprise is 12 presumed to have received a written request no later than 10 days after 13 the prospective purchaser mailed it, properly addressed and with the 14 appropriate postage. 15 * Sec. 3. AS 45.50.472 is repealed.