§ 75-104. Restrictions on use of automatic dialing and recorded message players.
§ 75‑104. Restrictionson use of automatic dialing and recorded message players.
(a) Except as providedin this section, no person may use an automatic dialing and recorded messageplayer to make an unsolicited telephone call.
(b) Notwithstandingsubsection (a) of this section, a person may use an automatic dialing andrecorded message player to make an unsolicited telephone call only under one ormore of the following circumstances:
(1) All of the followingare satisfied:
a. The person makingthe call is any of the following:
1. A tax‑exemptcharitable or civic organization.
2. A political party orpolitical candidate.
3. A governmentalofficial.
4. An opinion pollingorganization, radio station, television station, cable television company, orbroadcast rating service conducting a public opinion poll.
b. No part of the callis used to make a telephone solicitation.
c. The person makingthe call clearly identifies the person's name and contact information and thenature of the unsolicited telephone call.
(2) Prior to the playingof the recorded message, a live operator complies with G.S. 75‑102(c),states the nature and length in minutes of the recorded message, and asks forand receives prior approval to play the recorded message from the personreceiving the call.
(3) The unsolicitedtelephone call is in connection with an existing debt or contract for whichpayment or performance has not been completed at the time of the unsolicitedtelephone call, and both of the following are satisfied:
a. No part of the callis used to make a telephone solicitation.
b. The person makingthe call clearly identifies the person's name and contact information and thenature of the unsolicited telephone call.
(4) The unsolicitedtelephone call is placed by a person with whom the telephone subscriber hasmade an appointment, provided that the call is conveying information only aboutthe appointment, or by a utility, telephone company, cable television company,satellite television company, or similar entity for the sole purpose ofconveying information or news about network outages, repairs or serviceinterruptions, and confirmation calls related to restoration of service, andboth of the following are satisfied:
a. No part of the callis used to make a telephone solicitation.
b. The person makingthe call clearly identifies the person's name and contact information and thenature of the unsolicited telephone call.
(5) The person plays therecorded message in order to comply with section 16 C.F.R. Part 310.4(b)(4) ofthe Telemarketing Sales Rule.
(6) The unsolicitedtelephone call is placed by, or on behalf of, a health insurer as defined inG.S. 58‑51‑115(a)(2) from whom the telephone subscriber or othercovered family member of the health insurer receives health care coverage orthe administration of such coverage, provided that the call is conveyinginformation related to the telephone subscriber or family member's health care,preventive services, medication or other covered benefits, and both of thefollowing are satisfied:
a. No part of the callis used to make a telephone solicitation.
b. The person makingthe call clearly identifies the person's name and contact information and thenature of the unsolicited telephone call.
(7) No part of the callis used to make a telephone solicitation, the person making the call clearlyidentifies the person's contact information and the nature of the unsolicitedtelephone call, and the sole purpose of the unsolicited telephone call is toprotect the public health, safety, or welfare, by informing the telephonesubscriber of any of the following:
a. That the telephonesubscriber has purchased a product that is subject to a recall by the product'smanufacturer, distributor or retailer, or by the federal Consumer ProductSafety Commission or another government agency or department with legalauthority to recall the product which is the subject of the call, due to safetyor health concerns, provided that (i) there is a reasonable basis to believethat the telephone subscriber has purchased the product, and (ii) the messagecomplies with any requirements imposed by any government agency instituting therecall.
b. That the telephonesubscriber may have received a prescription or over‑the‑countermedication that is subject to a recall by the product's manufacturer,distributor or retailer, or by the federal Food and Drug Administration oranother government agency or department with legal authority to recall theproduct which is the subject of the call, due to safety or health concerns,provided that (i) the call and its message comply with the requirements of theHealth Insurance Portability and Accountability Act (P.L. 104‑191)(HIPAA) and any corresponding regulations pertaining to privacy, (ii) there isa reasonable basis to believe that the telephone subscriber has purchased orreceived the medication, and (iii) the message complies with any requirementsimposed by the government agency or product manufacturer, distributor, orretailer instituting the recall.
c. That the telephonesubscriber has not picked up a filled prescription drug for which a validprescription is on file with a pharmacy licensed pursuant to G.S. 90‑85.21and the telephone subscriber requested that the prescription be filled,provided that the call and its message comply with the requirements of theHealth Insurance Portability and Accountability Act (P.L. 104‑191)(HIPAA) and any corresponding regulations pertaining to privacy. (2003‑411, s. 3; 2008‑124,s. 10.3; 2009‑364, s. 1.)