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S.B. 27 Enrolled
This bill modifies the Telephone and Facsimile Solicitation Act.
. provides that the state no-call database applies only to unsolicited telephone calls;
. modifies the methods by which the Division of Consumer Protection establishes,
maintains, and administers the state no-call database; and
. makes technical changes clarifying the persons and entities that are exempt from
certain aspects of the chapter.
Monies Appropriated in this Bill:
Other Special Clauses:
Utah Code Sections Affected:
13-25a-103, as last amended by Chapter 263, Laws of Utah 2003
13-25a-108, as enacted by Chapter 263, Laws of Utah 2003
13-25a-109, as enacted by Chapter 263, Laws of Utah 2003
13-25a-111, as enacted by Chapter 263, Laws of Utah 2003
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 13-25a-103 is amended to read:
13-25a-103. Prohibited conduct for telephone solicitations -- Exceptions.
(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[
(3) A person may not make a telephone solicitation to a residential telephone without
prior express consent during any of the following times:
(a) before 8 a.m. or after 9 p.m. local time;
(b) on a Sunday; or
(c) on a legal holiday.
(4) A person may not make or authorize a telephone solicitation in violation of Title 47
(5) Any telephone solicitor who makes an unsolicited telephone call to a telephone
(a) identify themselves;
(b) identify the business on whose behalf the person 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.
(6) A telephone solicitor may not withhold the display of the telephone solicitor's
telephone number from a caller identification service when that number is being used for
telemarketing purposes and when the telephone solicitor's service or equipment is capable of
allowing the display of the number.
Section 2. Section 13-25a-108 is amended to read:
13-25a-108. Objections to telephone solicitations.
under Section 13-25a-109 .
Section 3. Section 13-25a-109 is amended to read:
13-25a-109. No-call database.
(1) (a) [
provide for the operation of a no-call database to compile a list of telephone numbers of persons
who have provided notice [
(b) The no-call database described in Subsection (1)(a) shall consist of the Utah telephone
numbers contained in the national "do-not-call" registry established and maintained by the Federal
Trade Commission pursuant to 16 C.F.R. 310.4(b)(1)(iii)(B).
the division [
database, which may not be greater than those imposed for a violation of the national [
"do-not-call" registry described in Subsection [
person to the no-call database without that person's consent.
be classified as private under Title 63, Chapter 2, Government Records Access and Management
Act, and shall be used only for purposes of:
(a) compliance with this chapter; or
(b) a proceeding or action to enforce this chapter.
Section 4. Section 13-25a-111 is amended to read:
Notwithstanding any other provision of this chapter, the provisions of Sections
13-25a-103 and 13-25a-108 do not apply to [
(1) a telephone call made by or on behalf of a charitable organization as defined in Section
13-22-2 ; or
(2) a person that holds a license or registration:
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