Chief Sponsor: Jon Hawkins

Senate Sponsor: ____________


8     General Description:
9          This bill includes text messages in the regulation of telephone solicitation.
10     Highlighted Provisions:
11          This bill:
12          ▸     includes text messages in the types of communications regulated as a part of the
13     regulation of telephone solicitation; and
14          ▸     defines terms.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          13-25a-102, as last amended by Laws of Utah 2021, Chapter 289
22          13-25a-103, as last amended by Laws of Utah 2004, Chapters 90 and 263
23          13-25a-108, as last amended by Laws of Utah 2020, Chapter 79

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 13-25a-102 is amended to read:
27          13-25a-102. Definitions.

28          As used in this chapter:
29          (1) "Advertisement" means material offering for sale, or advertising the availability or
30     quality of, any property, goods, or services.
31          (2) (a) "Automated telephone dialing system" means equipment used to:
32          (i) store or produce telephone numbers;
33          (ii) call a stored or produced number; and
34          (iii) connect the number called with a recorded message or artificial voice.
35          (b) "Automated telephone dialing system" does not include equipment used with a
36     burglar alarm system, voice messaging system, fire alarm system, or other system used in an
37     emergency involving the immediate health or safety of a person.
38          (3) "Division" means the Division of Consumer Protection in the Department of
39     Commerce.
40          (4) (a) "Established business relationship" means a relationship that:
41          (i) is based on inquiry, application, purchase, or transaction regarding products or
42     services offered;
43          (ii) is formed by a voluntary two-way communication between a person making a
44     telephone solicitation and a person to whom a telephone solicitation is made; and
45          (iii) has not been terminated by:
46          (A) an act by either party; or
47          (B) the passage of 18 months since the most recent inquiry, application, purchase,
48     transaction, or voluntary two-way communication.
49          (b) "Established business relationship" includes a relationship with an affiliate as
50     defined in Section 16-10a-102.
51          (5) "Facsimile machine" means equipment used for:
52          (a) scanning or encoding text or images for conversion into electronic signals for
53     transmission; or
54          (b) receiving electronic signals and reproducing them as a duplicate of the original text
55     or image.
56          (6) "Negative response" means a statement from a party stating the party does not wish
57     to listen to the sales presentation or participate in the solicitation presented in the telephone
58     [call] communication.

59          (7) "On-call emergency provider" means an individual who is required by an employer
60     to be on call to respond to a medical emergency.
61          (8) "Telephone solicitation" means the initiation of a telephone [call or message]
62     communication for a commercial purpose or to seek a financial donation, including calls:
63          (a) encouraging the purchase or rental of, or investment in, property, goods, or services,
64     regardless of whether the transaction involves a nonprofit organization;
65          (b) soliciting a sale of or extension of credit for property or services to the person
66     called;
67          (c) soliciting information that will be used for:
68          (i) the direct solicitation of a sale of property or services to the person called; or
69          (ii) an extension of credit to the person called for a sale of property or services; or
70          (d) soliciting a charitable donation involving the exchange of any premium, prize, gift,
71     ticket, subscription, or other benefit in connection with any appeal made for a charitable
72     purpose.
73          (9) "Telephone solicitor" means any natural person, firm, organization, partnership,
74     association, or corporation who makes or causes to be made an unsolicited telephone [call]
75     communication, including calls made by use of an automated telephone dialing system.
76          (10) "Unsolicited telephone [call] communication" means a telephone call or text
77     message for a commercial purpose or to seek a financial donation other than a call or text
78     message made:
79          (a) in response to an express request of the person called or messaged;
80          (b) primarily in connection with an existing debt or contract, payment or performance
81     of which has not been completed at the time of the call or text message;
82          (c) to any person with whom the telephone solicitor has an established business
83     relationship; or
84          (d) as required by law for a medical purpose.
85          Section 2. Section 13-25a-103 is amended to read:
86          13-25a-103. Prohibited conduct for telephone solicitations -- Exceptions.
87          (1) Except as provided in Subsection (2), a person may not operate or authorize the
88     operation of an automated telephone dialing system to make a telephone solicitation.
89          (2) A person may operate an automated telephone dialing system if a call is made:

90          (a) with the prior express consent of the person who is called agreeing to receive a
91     telephone solicitation from a specific solicitor; or
92          (b) to a person with whom the solicitor has an established business relationship.
93          (3) A person may not make a telephone solicitation to a residential telephone without
94     prior express consent during any of the following times:
95          (a) before 8 a.m. or after 9 p.m. local time;
96          (b) on a Sunday; or
97          (c) on a legal holiday.
98          (4) A person may not make or authorize a telephone solicitation in violation of Title 47
99     U.S.C. 227.
100          (5) Any telephone solicitor who makes an unsolicited telephone [call] communication
101     to a telephone number shall:
102          (a) identify the telephone solicitor;
103          (b) identify the business on whose behalf the telephone solicitor is soliciting;
104          (c) identify the purpose of the call promptly upon making contact by telephone with the
105     person who is the object of the telephone solicitation;
106          (d) discontinue the solicitation if the person being solicited gives a negative response at
107     any time during the telephone call; and
108          (e) hang up the phone, or in the case of an automated telephone dialing system
109     operator, disconnect the automated telephone dialing system from the telephone line within 25
110     seconds of the termination of the call by the person being called.
111          (6) A telephone solicitor may not withhold the display of the telephone solicitor's
112     telephone number from a caller identification service when that number is being used for
113     telemarketing purposes and when the telephone solicitor's service or equipment is capable of
114     allowing the display of the number.
115          Section 3. Section 13-25a-108 is amended to read:
116          13-25a-108. Prohibited telephone solicitations.
117          (1) A person may not make or cause to be made an unsolicited telephone [call]
118     communication to a person:
119          (a) located in the state; and
120          (b) (i) at a Utah telephone number contained in the national "do-not-call" registry

121     established and maintained by the Federal Trade Commission under 16 C.F.R.
122     310.4(b)(1)(iii)(B); or
123          (ii) at a non-Utah telephone number contained in the national "do-not-call" registry
124     established and maintained by the Federal Trade Commission under 16 C.F.R.
125     310.4(b)(1)(iii)(B), if the person making the call or causing the call to be made knows or
126     reasonably should know that the person receiving the call is in Utah.
127          (2) Each unsolicited telephone [call] communication made in violation of this section
128     is a separate violation.