44-1278
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44-1278. Unlawful practice; powers of attorney general; cumulative remedies A. It is an unlawful practice pursuant to section 44-1522 for a seller or solicitor or anyone acting on their behalf to make or authorize to any consumer any reference to the seller's or solicitor's compliance with this article other than on inquiry by the consumer. B. It is an unlawful practice pursuant to section 44-1522 for any seller or solicitor or anyone acting on their behalf who conducts a telephone solicitation in this state to do any of the following: 1. Use telephone equipment that blocks the caller identification function on the telephone or telephone equipment of the telephone number dialed so that the telephone number of the caller is not displayed on the telephone or telephone equipment that is capable of displaying the telephone number of the caller. 2. Initiate an outbound telephone call to a person if that person has previously stated a desire not to receive outbound telephone calls made by or on behalf of the seller whose goods or services are being offered. A seller or solicitor is not liable under this paragraph or paragraph 3 if all of the following apply: (a) The seller or solicitor has established and implemented written procedures to comply with this paragraph. (b) The seller or solicitor has trained the seller's or solicitor's personnel according to the written procedures prescribed in subdivision (a) of this paragraph. (c) The seller or the solicitor acting on behalf of the seller establishes and maintains a no call list comprised of all persons who request not to be contacted and keeps all do not call requests for at least ten years. (d) The initial outbound call or any subsequent outbound call made by the seller or solicitor is the result of an error. 3. Intentionally make or cause to be made any unsolicited telephone sales call to any mobile or telephone paging device. 4. Make a telephone call to any residential telephone using an artificial or prerecorded voice to deliver a message unless the call is initiated for emergency purposes or the call is made with the prior express consent of the called party. 5. Use any automatic terminal equipment that uses a random or sequential number generator unless the equipment excludes calls to the following telephone numbers: (a) Emergency telephone numbers, including 911, of any hospital, medical physician, health care facility, poison control center, fire protection facility or law enforcement agency. (b) Any guest room or patient room of a hospital, health care facility, elderly care home or similar establishment. (c) A paging service, a cellular telephone service, a specialized mobile radio service or any service for which the called party is charged for the call. (d) The telephone numbers maintained on a no call list established pursuant to paragraph 2 of this subsection. 6. Initiate an outbound call except as provided in 47 Code of Federal Regulations, section 64.1200 or 16 Code of Federal Regulations section 310.4. C. Failure to comply with this article is an unlawful practice pursuant to section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title. D. The provisions of this article are in addition to all other causes of action, remedies and penalties available to this state. E. The attorney general may bring an action in federal court in accordance with 15 United States Code sections 6101 through 6108. |