(a)

(1) It is unlawful for any person to use a telephone for the purpose of offering any goods or services for sale, or for conveying information regarding any goods or services for the purpose of soliciting the sale or purchase of the goods or services, or for soliciting information, gathering data, or for any other purpose in connection with a political campaign when the use involves an automated system for the selection and dialing of telephone numbers and the playing of recorded messages when a message is completed to the called number.

(2) However, nothing in this section prohibits the use of:

• (A) A telephone involving an automated system for the selection and dialing of telephone numbers and the play of recorded messages to:
• (i) Inform the purchaser of the goods or services concerning receipt and availability of the goods or services for delivery to the purchaser; or
• (ii) Convey information concerning any delay or pertinent information about the current status of any purchase order previously made; or
• (B) An automated telephone system with a recorded message when the call is made or message given solely in response to a call initiated by the person to which the automatic call or recorded message is directed.

All calls supporting or opposing a candidate or ballot proposal must state either "paid for by" or "paid for on behalf of" the candidate or ballot proposal.

A poll with less than 1000 completed calls averaging less than 2 minutes in duration is presumed to be a political poll and does not require the disclaimer.

No call can imply that it represents someone without that person's written approval to make that representation.

Calls may not claim to represent persons or organizations that do not actually exist.

Calls that are not independent expenditures which advocate for or against a candidate or ballot proposal require prior written authorization from the candidate or ballot proposal sponsor.

Vendors must register with the state. This is done on a per candidate/campaign basis using an extra PDF form supplied by the state and faxed back to them.

State law requires the the name of the person for whom the message is being made, the purpose of the message, and the contact information of the caller at the outset of the call.

The state administrative code prohibits making unsolicited calls before 9:00 a.m. or after 9:00 p.m. in the called party's local time.

(a) No person shall operate an autodialer in this State to place a telephone call during the hours between 9 p.m. and 9 a.m.

(b) All autodialers operated within the State of Illinois shall disconnect within 30 seconds after termination of the call by the subscriber or the autodialer. Where disconnection in 30 seconds is technically not feasible, the autodialer shall utilize a live operator who shall:

• (1) state his name, the name, address and telephone number of the business or organization being represented and the purpose of the call; and
• (2) inquire at the beginning of the call whether the person called consents to hear the prerecorded message.

(d) An autodialer may not be operated in a manner that impedes the function of any caller ID when the telephone solicitor's service or equipment is capable of allowing the display of the solicitor's telephone number.

§ 815 ILCS 305/20 Sec. 20. Exemptions.

(a) Except as provided in subsection (b), the provisions of this Act shall not apply to the following types of telephone calls made by an autodialer:

• (1) calls made in response to an express request of the person called;
• (2) calls made to any person with whom the telephone solicitor has a prior or existing business relationship;
• (3) a telephone call placed on behalf of any political, charitable, public opinion polling, research survey, or radio or television broadcast rating organization.

1. Definition. As used in this section, "ADAD equipment" means automatic dialing-announcing device equipment which is a device or system of devices used, either alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers without the use of a live operator to disseminate prerecorded messages to the numbers selected or dialed.

2. Prohibition.

• a. Except as provided in paragraph "b", a person shall not use, employ, or direct another person to use, or contract for the use of ADAD equipment.
• b. Except for ADAD equipment which randomly or sequentially selects the telephone numbers for calling, the prohibition in paragraph "a" does not apply to any of the following:
1. Calls made with ADAD equipment by a nonprofit organization or by an individual using the calls other than for commercial profit-making purposes or fund-raising, if the calls do not involve the advertisement or offering for sale, lease, or rental of goods, services, or property.
2. Calls made with ADAD equipment relating to payment for, service of, or warranty coverage of previously ordered or purchased goods or services or to persons or organizations with a prior business relationship with the persons or organizations using the calls.
3. Calls made with ADAD equipment relating to the collection of lawful debts.
4. Calls made with ADAD equipment to members or employees of the organization making the calls.
5. Calls made with ADAD equipment which use an initial prerecorded message of a duration no greater than seven seconds prior to a live operator intercept, or calls which involve an initial message from a live operator.

4. Penalty. A violation of this section is a serious misdemeanor.

(a) The attorney general shall contract with the direct marketing association for the no-call list provided for by this section to be the national no-call list maintained by the telephone preference service of such association. The contract shall establish:

• (1) The maximum fees that telephone solicitors may be charged for access to the no-call list;
• (2) The maximum fees that consumers may be charged to register for inclusion on the no-call list;
• (3) The schedule of dates by which consumers must register in order to appear on updates of the no-call list. Such schedule of dates shall provide that time period prior to the date of the next quarterly update in which consumers must submit their information in order to be included in the next quarterly update shall not exceed 30 days;
• (4) The schedule of dates by which telephone solicitors will be provided updates of the no-call list. Such schedule of dates shall provide that the no-call list shall be updated no less frequently than on a quarterly basis, on January 1, April 1, July 1 and October 1;
• (5) What information shall be furnished, without charge, upon request of a consumer, registered in accordance with this section, concerning a telephone solicitor or other person who the consumer believes has engaged in an unsolicited consumer telephone call prohibited by this section; and
• (6) The consent of the direct marketing association to subject itself to the jurisdiction of the courts of this state for the purpose of enforcing the provisions of this section; the designation of a resident agent, who is a resident of Kansas, by the direct marketing association, for service of process, and who registers with the secretary of state pursuant to K.S.A. 60-306, and amendments thereto; and the agreement of the direct marketing association and its resident agent to comply with the provisions of this section.

(1) As used in KRS 367.461 to 367.469, "automated calling equipment" means any device or combination of devices which is used to select or dial telephone numbers and to deliver recorded messages to the numbers so selected or dialed.

(2) Unless the conditions set out in paragraphs (a) to (f) of this subsection are met, no person shall use automated calling equipment, or cause it to be used, for conducting polls, for soliciting information, or for advertising goods, services, or property:

• (a) The person receiving the call consents to it, as specified in KRS 367.463;
• (b) The recorded message clearly states the name and telephone number of the person or organization initiating the call within the first twenty-five (25) seconds of the message and at the conclusion of the message. That telephone number given in the recorded message shall, during normal office hours, be answered promptly and personally by an agent of the person or organization on whose behalf the automatic calls are made, who is able to provide information concerning the automatic calls;
• (c) The automated calling equipment terminates its connection with any telephone call within ten (10) seconds after the person called either fails to consent to hear a recorded message or hangs up the telephone;
• (d) The use does not involve either the random or sequential dialing of telephone numbers, does not call telephone numbers which are omitted from the telephone directory at the customer's request, and does not call hospitals, nursing homes, fire protection agencies, or law enforcement agencies;
• (e) Calls using the automated calling equipment are made only between 8:00 a.m. and 9:00 p.m.; and
• (f) The automated calling equipment operates only when it is attended and is designed or installed so that it does not operate without an attendant, even in the event of power failures.

• (a) Are made in response to calls initiated by the person to whom the automatic call or recorded message is directed;
• (b) Concern goods or services, or the availability of same which were previously ordered or purchased;
• (c) Relate to collection of lawful debts;
• (d) Are made by a public school as part of a program to regulate and control absenteeism of students; or
• (e) Are reminders and notices of meetings and activities of organizations of which the person called is a member or a subscribed consumer of the services of the organization, or are made to a person with whom there is an existing business relationship.

State law requires that calls related to candidates or ballot questions must identify the source of the call and state whether it was authorized by the candidate or committee.

Automated polls involving fewer than 1500 completed calls averaging no more than 2 minutes in duration are presumed scientific polls and are excempt from the disclosure requirements.

Automated calls may not imply that the caller represents a candidate or organization unless the caller obtains a written approval and files a copy with the Secretary of State before the calls are made.

Other state restrictions (including time of day regulations and registration requirements) do not apply to calls made persuant to political campaigns.

2. Prohibition. A person may not use an automated telephone calling device to make solicitation calls to:

• A. Any emergency telephone numbers in this State including, but not limited to, the emergency telephone numbers of any hospital, physician, health care facility, ambulance service, or fire or law enforcement officer or facility; [1989, c. 775, (NEW).]
• B. Any paging or cellular phone within the State; or [1989, c. 775, (NEW).]
• C. Any unlisted, unpublished, toll-free long distance or direct inward dial telephone number within the State.

4. Caller identification. Persons making calls restricted under the provision of subsection 3 shall, within the first minute of the call, identify the name, address and telephone number of the organization for whom the call is being made.

(a) Scope of section. -- This section does not apply to:

• (1) a unit of federal, State, or local government that uses an automated dialing prerecorded message machine for emergency purposes; or
• (2) a person who has a preexisting business relationship with, or the consent of, the person called.

• (1) solicit persons to purchase, lease, or rent goods or services;
• (2) offer a gift or prize;
• (3) conduct a poll; or
• (4) request survey information if the results will be used directly to solicit persons to purchase, lease, or rent goods or services.

(d) Penalty. -- A person who violates a provision of subsection (b) or (c) of this section is guilty of a misdemeanor and on conviction is subject to a fine:

• (1) not exceeding $ 1,000 for the first offense; and
• (2) not exceeding $ 5,000 for each subsequent offense.

A telephone solicitor shall not make or cause to be made an unsolicited telephonic sales call to a consumer:

• (i) if the consumer's name and telephone number appear on the then current quarterly no sales solicitation calls listing made available by the office under section 2;
• (ii) to be received between the hours of 8:00 p.m. and 8:00 a.m., local time, at the consumer's location;
• (iii) in the form of electronically transmitted facsimiles; or
• (iv) by use of a recorded message device.

(1) A home solicitation sale shall not be made by telephonic solicitation using in whole or in part a recorded message. A person shall not make a telephone solicitation that consists in whole or in part of a recorded message.

A caller must secure prior permission or have a live operator come on first to obtain permission.

When a a live operator comes on first, the operator must state the name of the caller and purpose of the message.

Automated calls may only be placed with prior permission or if a live operator comes on first and states the nature of the call, the name, address, and phone number of the caller, and then obtains permission to play the recorded message.

Calls cannot be made between 9:00 PM and 9:00 AM Central time.

Those making calls must apply to the local telephone company and provide certain disclosures before making a call.

1. A telemarketer shall disclose, promptly and in a clear and conspicuous manner, to the consumer receiving the telephone call the following:

• (1) That the purpose of the telephone call is to make a sale;
• (2) The telemarketer's identifiable name and the seller on whose behalf the solicitation is being made;
• (3) The nature of the merchandise or investment opportunity being sold;
• (4) That no purchase or payment is necessary to be able to win a prize or participate in a prize promotion if a prize promotion is offered. This disclosure shall be made before or in conjunction with the description of the prize to the consumer called; and
• (5) If the telephone call is made by any recorded, computer-generated, electronically generated or other voice communication of any kind. When engaged in telemarketing, such voice communication shall, promptly at the beginning of the telephone call, inform the consumer that the call is being made by a recorded, computer-generated, electronically generated or other type of voice communication, as the case may be.

(1) A person may not use an automated telephone system, device, or facsimile machine for the selection and dialing of telephone numbers and playing of recorded messages if a message is completed to the dialed number for the purpose of:

• (a) offering goods or services for sale;
• (b) conveying information on goods or services in soliciting sales or purchases;
• (c) soliciting information;
• (d) gathering data or statistics; or
• (e) promoting a political campaign or any use related to a political campaign.

(3) A person violating subsection (1) is subject to a fine of not more than $2,500.

Non-commercial calls may not be made between 9:00 PM and 8:00 AM, must disclose at the beginning of the message the identity of the caller, and provide the phone number of the caller.

The person contracting for the calls must file a copy of the message within 24 hours after the calls are made.

Persuasive or "push" polls, which are polls that are not conducted for a scientific purpose and contain negative information about a candidate, must disclose the name and telephone number of the sponsor.

Nonprofit organizations, candidates, and political committees are exempt from other state regulations.

Automated calls made on behalf of political campaigns (rather than by the campaign using its own equipment) may not be made to numbers on the national Do Not Call Registry.

The definition of solicitation in other regulations includes the sale of goods and polling calls.

2. A caller within the State shall not use a telephone or telephone line to contact a subscriber within the State to deliver a recorded message other than for emergency purposes, unless the recorded message is introduced by an operator who shall obtain the subscriber's consent before playing the recorded message, or unless a prior or current relationship exists between the caller and the subscriber.

§ 48:17-30. Exceptions

4. Nothing in this act shall prohibit the use of automatic dialing equipment or the delivery of a recorded message for the purpose of advising customers concerning merchandise or goods or services previously ordered or purchased, including the collection of lawful debts or prohibit a telephone company from providing a service that is utilized for relaying messages for private purposes, such as a message delivery service.

(4)"telephone solicitation" means a voice or telefacsimile communication over a telephone line for the purpose of encouraging the purchase or rental of or investment in property, goods or services and includes a communication described in this subsection through the use of automatic dialing and recorded message equipment or by other means, but "telephone solicitation" does not include a communication:

• (a) to a residential subscriber with that subscriber's prior express invitation or permission;
• (b) by or on behalf of a person with whom a residential subscriber has an established business relationship;
• (c) made for the sole purpose of urging support for or opposition to a political candidate or ballot issue;
• (d) made for the sole purpose of conducting political polls or soliciting the expression of opinions, ideas or votes; or
• (e) by a person who is a duly licensed real estate broker pursuant to Section 61-29-11 NMSA 1978, who is a resident of the state and whose telephone call to the consumer is for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent or leasing real estate in accordance with the provisions for which he or she is licensed and not in conjunction with any other offer."

Calls must state the nature of the call and identity of the caller at the begining of the message and the name and phone number at the end of the message. Callers may not block the number from displaying on the recipient's caller ID.

Only charitable organizations, political parties, candidates, government officials, and opinion polls may use automated calls.

The call must include a disclaimer clearly identifying the caller's name, contact information, and the nature of the call.

A. The connection of an automatic dial announcing device to a telephone line is subject to the provisions of the Oklahoma Consumer Protection Act.

B. No person shall operate an automatic dial announcing device except in accordance with the provisions of the Oklahoma Consumer Protection Act. The use of such device by any person, either individually or acting as an officer, agent, or employee of a person or corporation operating automatic dial announcing devices, is subject to the provisions of the Oklahoma Consumer Protection Act.

C. A person shall not use an automatic dial announcing device except as provided by this section. An automatic dial announcing device shall be used only when:

1. The device disconnects from the called person's line not later than twenty (20) seconds after the called person hangs up; and
2. For calls terminating in this state, the device is not used to make a call:
• a. before 9 a.m. or after 9 p.m., or
• b. at any hour that collection calls would be prohibited under the federal Fair Debt Collection Practices Act, 15 U.S.C., Section 1692(c), when the device is used for collection purposes; and
3. One of the following occur:
• a. the calls are made or messages given solely in response to calls initiated by the person to whom the automatic calls or recorded messages are directed or who has made a written request to be called,
• b. the calls made concern goods or services that have been previously ordered or purchased,
• c. the calls are made by creditors or their assignees, or
• d. the calls are initiated by a live operator who gives the caller the option to disconnect prior to the playing of a prerecorded or synthesized voice message.

(a) General Rule -- No telemarketer shall initiate or cause to be initiated a telephone solicitation call to a residential telephone number of a residential telephone subscriber who does not wish to receive telephone solicitation calls and has caused his name, address and telephone number to be enrolled on a do-not-call list maintained by the list administrator.

(a) A telephonic seller shall not use or connect to a telephone line an automatic dialing-announcing device unless

• (1) the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or
• (2) the message is immediately preceded by a live operator who obtains the subscriber's consent before the message is delivered.

• (1) recorded messages from school districts to students, parents, or employees, or
• (2) messages advising employees of work schedules.

• (1) The name of the business, firm, organization, association, partnership, or entity for which the message is being made;
• (2) The purpose of the message;
• (3) The identity or kinds of goods or services the message is promoting; and
• (4) If applicable, the fact that the message intends to solicit payment or commitment of funds.

(A) "Adad" means an automatically dialed announcing device which delivers a recorded message without assistance by a live operator for the purpose of making an unsolicited consumer telephone call as defined in Section 16-17-445(A)(3). Adad calls include automatically announced calls of a political nature including, but not limited to, calls relating to political campaigns.

(B) Adad calls are prohibited except:

• (1) in response to an express request of the person called;
• (2) when primarily connected with an existing debt or contract, payment or performance of which has not been completed at the time of the call;
• (3) in response to a person with whom the telephone solicitor has an existing business relationship or has had a previous business relationship.

• (1) are subject to Section 16-17-445(B)(1), (2), and (3);
• (2) shall disconnect immediately when the called party hangs up;
• (3) are prohibited after seven p.m. or before eight a.m.;
• (4) may not ring at hospitals, police stations, fire departments, nursing homes, hotels, or vacation rental units.

For the purposes of §§ 37-30-23 to 37-30-29, inclusive, a telephone solicitation is the unsolicited initiation of a telephone call to a residential telephone customer for the purpose of encouraging a person to purchase property, goods, or services or soliciting donations of money, property, goods, or services. Telephone solicitation does not include:

(1) Calls made in response to a request or inquiry by the called party. This includes calls regarding an item that has been purchased by the called party from the company or organization during a period not longer than twelve months prior to the telephone contact;

(2) Calls made for a not-for-profit organization to its own list of bona fide or active members of the organization;

(3) Calls limited to polling or soliciting the expression of ideas, opinions or votes;

(4) Business-to-business contacts or contacts with residential customers with whom a business or credit relationship exists; or

(5) Calls utilized for relaying messages for private purposes, including voice messaging services or message delivery services.

(1) No telephone solicitor shall place a telephone call to a residential telephone subscriber at any time other than between the hours of 8:00 a.m. to 9:00 p.m. (local time at the called party's location) without the residential telephone subscriber's prior express invitation or permission.

(2) All telephone solicitors must institute procedures for maintaining a list of persons who do not wish to receive telephone solicitations made by or on behalf of telephone solicitors in compliance with this Chapter.

(3) All telephone solicitations to residential telephone subscribers shall, at the beginning of such call, state clearly the identity of the person initiating the call and entity or organization such person represents, and shall further meet the following requirements:

• (a) Within the first twenty-five (25) seconds of the call and at the conclusion of the call, ADAD messages must clearly state the name and telephone number of the person or organization initiating the call. The telephone number given must be one that will be answered when telephone solicitations are being made. The person answering the telephone must be willing and able to provide information concerning the automated call.
• (b) Live telephone solicitors must provide a telephone number that will be answered when telephone solicitations are being made. The person answering the telephone must be willing and able to provide information concerning the solicitation call.

(5) Local exchange companies and interexchange carriers are prohibited from knowingly providing any network element or service to telephone solicitors that is used to unlawfully block or otherwise interfere with, on a per line basis, the display of the telephone solicitor's name and telephone number on the residential subscriber's caller ID equipment. If a local exchange company or interexchange carrier has knowledge that a telephone solicitor is in violation of subsection (4) of this rule, such company or carrier shall inform the Authority of such violation.

(6) After notice and hearing, and upon finding that a telephone solicitor is in violation of this Chapter, the Authority may issue an order prohibiting local exchange companies and/or interexchange carriers from providing telecommunications service to such telephone solicitor.

(7) Violations of this Chapter can result in civil actions prescribed by law, which include fines payable to the Authority.

(8) Telephone solicitors must adhere to state and federal statutes regarding telephone solicitation practices, including, but not limited to, the Tennessee Consumer Protection Act.

(9) After receipt of a complaint forwarded by the Authority, telephone solicitors shall, within ten (10) business days, file a written response with the Authority.

A person may not make a telephone call or use an automatic dial announcing device to make a telephone call for the purpose of making a sale if:

(1) the person making the call or using the device knows or should have known that the called number is a mobile telephone for which the called person will be charged for that specific call; and

(2) the called person has not consented to the making of such a call to the person calling or using the device or to the business enterprise for which the person is calling or using the device.

(1) Except as provided in Subsection (2), a person may not operate or authorize the operation of an automated telephone dialing system to make a telephone solicitation.

(2) A person may operate an automated telephone dialing system if a call is made:

• (a) with the prior express consent of the person who is called agreeing to receive a telephone solicitation from a specific solicitor; or
• (b) to a person with whom the solicitor has an established business relationship.

• (a) before 8 a.m. or after 9 p.m. local time;
• (b) on a Sunday; or
• (c) on a legal holiday.

(5) Any telephone solicitor who makes an unsolicited telephone call to a telephone number shall:

• (a) identify the telephone solicitor;
• (b) identify the business on whose behalf the telephone solicitor is soliciting;
• (c) identify the purpose of the call promptly upon making contact by telephone with the person who is the object of the telephone solicitation;
• (d) discontinue the solicitation if the person being solicited gives a negative response at any time during the telephone call; and
• (e) hang up the phone, or in the case of an automated telephone dialing system operator, disconnect the automated telephone dialing system from the telephone line within 25 seconds of the termination of the call by the person being called.

A caller shall not use an automatic dialing-announcing device in connection with making a commercial telephone solicitation unless:

1. The subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message, or

2. The message is immediately preceded by a live operator who, after disclosing

• (i) the name of the entity sending the message,
• (ii) the purpose of the message,
• (iii) the kinds of goods or services the message is promoting, and
• (iv), if applicable, the fact that the message intends to solicit payment or the commitment of funds, obtains the subscriber's consent before the commercial telephone solicitation is delivered.

(1) As used in this section:

• (a) An automatic dialing and announcing device is a device which automatically dials telephone numbers and plays a recorded message once a connection is made.
• (b) Commercial solicitation means the unsolicited initiation of a telephone conversation for the purpose of encouraging a person to purchase property, goods, or services.

(3) A violation of this section is a violation of chapter 19.86 RCW. It shall be presumed that damages to the recipient of commercial solicitations made using an automatic dialing and announcing device are five hundred dollars.

(4) Nothing in this section shall be construed to prevent the Washington utilities and transportation commission from adopting additional rules regulating automatic dialing and announcing devices.

(b)

(1) A person may not use an automated dialing, push-button, or tone-activated address signaling telephone system with a prerecorded message for the sole purpose of:

• (A) Soliciting a person over the telephone to purchase or lease goods, services, or real property; or
• (B) Requesting survey information over the telephone where results are to be used directly for the purpose of soliciting a person to purchase or lease goods, services, or real property.

• (A) The person soliciting is a federal, state, or local government agency that uses an automated dialing prerecorded message for emergency purposes;or
• (B) A person has a preexisting business relationship with the party called and the call concerns goods, services, or real property that have been previously ordered or purchased.

(4) Any person who violates this section shall be fined a civil penalty of not more than $ 1,000 for the 1st violation and not more than $ 5,000 for each subsequent violation.

(5) The Corporation Counsel of the District of Columbia, or his assistants, shall prosecute violations of this section in the name of the District of Columbia.

(a) No person shall use an automated telephone system or device for the selection and dialing of telephone numbers and playing of recorded messages if a message is completed to the dialed number, for purposes of:

• (i) Offering any goods or services for sale;
• (ii) Conveying information on goods or services in soliciting sales or purchases;
• (iii) Soliciting information;
• (iv) Gathering data and statistics; or
• (v) Promoting or any other use related to a political campaign.