47 CFR § 64.1200 – Delivery restrictions.

§ 64.1200 Delivery restrictions .
Link to an amendment published at 86 FR 11448, Feb. 25, 2021. Link to an amendment published at 86 FR 17735, Apr. 6, 2021. ( a ) No person or entity may :

( 1 ) Except vitamin a provided in paragraph ( a ) ( 2 ) of this department, initiate any telephone call option ( early than a call made for emergency purposes or is made with the anterior express accept of the called party ) using an automatic rifle call dialing system or an artificial or prerecorded voice ;
( iodine ) To any emergency telephone line, including any 911 note and any emergency line of a hospital, medical doctor or service office, health wish facility, poison restraint center, or fire protective covering or jurisprudence enforcement representation ;
( two ) To the telephone line of any guest room or affected role room of a hospital, health care facility, aged home, or similar establishment ; or
( three ) To any telephone number assigned to a foliate serve, cellular telephone serve, specialized mobile radio service, or other radio receiver common carrier military service, or any service for which the called party is charged for the call .
( intravenous feeding ) A person will not be liable for violating the prohibition in paragraph ( a ) ( 1 ) ( three ) of this section when the call is placed to a wireless number that has been ported from wireline service and such call is a voice call ; not wittingly made to a wireless number ; and made within 15 days of the port of the number from wireline to wireless overhaul, provided the number is not already on the national do-not-call register or caller ‘s company-specific do-not-call list. A person will not be liable for violating the prohibition in paragraph ( a ) ( 1 ) ( three ) of this department when making calls exempted by paragraph ( a ) ( 9 ) of this section .
( 2 ) Initiate, or cause to be initiated, any call birdcall that includes or introduces an ad or constitutes telemarketing, using an automatic rifle telephone dialing system or an artificial or prerecord voice, to any of the lines or telephone numbers described in paragraph ( a ) ( 1 ) ( one ) through ( three ) of this section, other than a birdcall made with the anterior express written consent of the called party or the prior express consent of the called party when the call is made by or on behalf of a tax-exempt nonprofit constitution, or a call that delivers a “ health manage ” message made by, or on behalf of, a “ covered entity ” or its “ business associate degree, ” as those terms are defined in the HIPAA Privacy Rule, 45 CFR 160.103 .
( 3 ) Initiate any telephone call to any residential line using an artificial or prerecord voice to deliver a message without the prior express written consent of the called party, unless the call ;
( one ) Is made for emergency purposes ;
( two ) Is not made for a commercial purpose ;
( three ) Is made for a commercial purpose but does not include or introduce an ad or constitute telemarketing ;
( four ) Is made by or on behalf of a tax-exempt security nonprofit constitution ; or
( v ) Delivers a “ health care ” message made by, or on behalf of, a “ covered entity ” or its “ business consociate, ” as those terms are defined in the HIPAA Privacy Rule, 45 CFR 160.103 .
( 4 ) Use a telephone facsimile machine, computer, or other device to send an unasked ad to a call fax machine, unless –
( iodine ) The unasked ad is from a sender with an established business relationship, as defined in paragraph ( f ) ( 6 ) of this section, with the recipient role ; and
( two ) The transmitter obtained the act of the telephone facsimile machine through –
( A ) The volunteer communication of such number by the recipient directly to the sender, within the context of such established business relationship ; or
( B ) A directory, ad, or locate on the Internet to which the recipient role voluntarily agreed to make available its facsimile phone number for populace distribution. If a sender obtains the fax number from the recipient role ‘s own directory, ad, or Internet locate, it will be presumed that the total was voluntarily made available for public distribution, unless such materials explicitly note that unasked advertisements are not accepted at the specified fax count. If a sender obtains the facsimile numeral from other sources, the transmitter must take fair steps to verify that the recipient agreed to make the number available for public distribution .
( C ) This article shall not apply in the character of an unasked ad that is sent based on an established commercial enterprise kinship with the recipient that was in being before July 9, 2005 if the sender besides possessed the facsimile car total of the recipient before July 9, 2005. There shall be a rebuttable presumption that if a valid established business kinship was formed anterior to July 9, 2005, the transmitter possessed the fax issue prior to such date as well ; and
( three ) The ad contains a detect that informs the recipient of the ability and means to avoid future unasked advertisements. A notice contained in an ad complies with the requirements under this paragraph only if –
( A ) The notice is clear and conspicuous and on the first page of the ad ;
( B ) The detect states that the recipient role may make a request to the transmitter of the ad not to send any future advertisements to a telephone fax machine or machines and that failure to comply, within 30 days, with such a request merging the requirements under paragraph ( a ) ( 4 ) ( volt ) of this part is unlawful ;
( C ) The notice sets forth the requirements for an opt-out request under paragraph ( a ) ( 4 ) ( vanadium ) of this part ;
( D ) The notice includes –
( 1 ) A domestic contact call number and fax machine number for the recipient to transmit such a request to the sender ; and
( 2 ) If neither the compulsory telephone number nor fax machine number is a toll-free phone number, a separate cost-free mechanism including a Web web site savoir-faire or e-mail address, for a recipient to transmit a request pursuant to such notice to the sender of the ad. A local telephone number besides shall constitute a cost-free mechanism then long as recipients are local and will not incur any long outdistance or other break charges for calls made to such phone number ; and
( vitamin e ) The telephone and fax numbers and cost-free mechanism identified in the detect must permit an individual or business to make an opt-out request 24 hours a sidereal day, 7 days a week .
( four ) A request not to send future unasked advertisements to a telephone fax machine complies with the requirements under this subparagraph lone if –
( A ) The request identifies the call number or numbers of the call facsimile machine or machines to which the request relates ;
( B ) The request is made to the telephone numeral, fax number, Web site cover or electronic mail address identified in the transmitter ‘s facsimile ad ; and
( C ) The person making the request has not, subsequent to such request, provided express invitation or license to the sender, in writing or otherwise, to send such advertisements to such person at such telephone facsimile machine .
( volt ) A transmitter that receives a request not to send future unasked advertisements that complies with paragraph ( a ) ( 4 ) ( vanadium ) of this department must honor that request within the shortest fair time from the date of such request, not to exceed 30 days, and is prohibited from sending unasked advertisements to the recipient role unless the recipient subsequently provides prior express invitation or permission to the sender. The recipient role ‘s opt-out request terminates the establish business relationship exemption for purposes of sending future unasked advertisements. If such requests are recorded or maintained by a party early than the transmitter on whose behalf the unasked ad is sent, the sender will be liable for any failures to honor the opt-out request .
( six ) A facsimile broadcaster will be liable for violations of paragraph ( a ) ( 4 ) of this section, including the inclusion body of opt-out notices on unasked advertisements, if it demonstrates a high degree of affair in, or actual detect of, the unlawful action and fails to take steps to prevent such facsimile transmissions .
( 5 ) Use an automatic call dialing system in such a way that two or more call lines of a multi-line business are engaged simultaneously .
( 6 ) Disconnect an unanswered telemarketing bid prior to at least 15 seconds or four ( 4 ) rings .
( 7 ) Abandon more than three percentage of all telemarketing calls that are answered live by a person, as measured over a 30-day period for a individual calling crusade. If a unmarried calling crusade exceeds a 30-day period, the abandonment rate shall be calculated individually for each consecutive 30-day period or helping thence that such calling crusade continues. A call is “ abandoned ” if it is not connected to a exist sales representative within two ( 2 ) seconds of the called person ‘s completed greet .
( iodine ) Whenever a bouncy sales spokesperson is not available to speak with the person answering the call, within two ( 2 ) seconds after the called person ‘s completed greet, the telemarketer or the seller must provide :
( A ) A prerecord identification and opt-out message that is limited to disclosing that the call was for “ telemarketing purposes ” and states the appoint of the business, entity, or individual on whose behalf the call was placed, and a telephone number for such business, entity, or individual that permits the called person to make a do-not-call request during regular commercial enterprise hours for the duration of the telemarketing campaign ; provided, that, such telephone number may not be a 900 count or any other number for which charges exceed local anesthetic or long distance transmission charges, and
( B ) An automated, synergistic voice- and/or key press-activated opt-out mechanism that enables the called person to make a do-not-call request anterior to terminating the cry, including abbreviated explanatory instructions on how to use such mechanism. When the called person elects to opt-out using such mechanism, the mechanism must automatically record the called person ‘s number to the seller ‘s do-not-call tilt and immediately terminate the call .
( two ) A call for telemarketing purposes that delivers an artificial or prerecord voice message to a residential telephone line or to any of the lines or telephone numbers described in paragraph ( a ) ( 1 ) ( one ) through ( three ) of this section after the subscriber to such line has granted prior express written accept for the call to be made shall not be considered an abandoned call if the message begins within two ( 2 ) seconds of the called person ‘s completed greeting .
( three ) The seller or telemarketer must maintain records establishing conformity with paragraph ( a ) ( 7 ) of this section .
( four ) Calls made by or on behalf of tax-exempt security nonprofit organization organizations are not covered by this paragraph ( a ) ( 7 ) .
( 8 ) Use any engineering to dial any call issue for the determination of determining whether the line is a facsimile or voice line .
( 9 ) A person will not be liable for violating the prohibition in paragraph ( a ) ( 1 ) ( three ) of this department for making any margin call exempted in this paragraph ( a ) ( 9 ), provided that the call is not charged to the called person or counted against the called person ‘s plan limits on minutes or text. As used in this paragraph ( a ) ( 9 ), the terminus “ call ” includes a text message, including a short message service ( SMS ) call .
( iodine ) Calls made by a package delivery company to notify a consumer about a package delivery, provided that all of the follow conditions are met :
( A ) The presentment must be sent alone to the telephone issue for the box recipient ;
( B ) The telling must identify the diagnose of the software delivery company and include contact information for the software delivery company ;
( C ) The notification must not include any telemarketing, solicitation, or ad contented ;
( D ) The spokesperson shout or text message presentment must be concise, by and large one hour or less in distance for voice calls or 160 characters or less in duration for text messages ;
( vitamin e ) The package delivery company shall send only one notification ( whether by voice cry or text message ) per box, except that one extra presentment may be sent for each attack to deliver the box, up to two attempts, if the recipient role ‘s touch is required for the package and the recipient role was not available to sign for the software on the previous delivery attempt ;
( F ) The box rescue company must offer software recipients the ability to opt out of receiving future delivery telling calls and messages and must honor an opt-out request within a fair prison term from the date such request is made, not to exceed 30 days ; and ,
( G ) Each notification must include information on how to opt out of future delivery notifications ; voice call notifications that could be answered by a be person must include an automated, synergistic voice- and/or key press-activated opt-out mechanism that enables the called person to make an opt-out request prior to terminating the call ; voice call notifications that could be answered by an answer machine or voice mail service must include a toll-free number that the consumer can call to opt out of future package delivery notifications ; text notifications must include the ability for the recipient role to opt out by replying “ STOP. ”
( two ) Calls made by an inpatient collect call service provider following an abortive gather call to establish a placard arrangement with the called party to enable future collect calls, provided that all of the comply conditions are met :
( A ) Notifications must identify the name of the inmate collect call overhaul provider and include reach information ;
( B ) Notifications must not include any telemarketing, solicitation, debt solicitation, or ad content ;
( C ) Notifications must be clean and concise, by and large one minute or less ;
( D ) Inmate collect call military service providers shall send no more than three notifications following each inmate collect call that is abortive due to the miss of an established placard musical arrangement, and shall not retain the called party ‘s number after address completion or, in the alternative, after the third base notification undertake ; and
( e ) Each telling call must include information on how to opt out of future calls ; voice calls that could be answered by a populate person must include an automatize, synergistic voice- and/or identify press-activated opt-out mechanism that enables the called person to make an opt-out request prior to terminating the call ; voice calls that could be answered by an answer car or voice mail service must include a toll-free act that the consumer can call to opt out of future notification calls ; and ,
( F ) The inmate collect call service provider must honor opt-out requests immediately .
( three ) Calls made by any fiscal institution as defined in section 4 ( thousand ) of the Bank Holding Company Act of 1956, 15 U.S.C. 6809 ( 3 ) ( A ), provided that all of the follow conditions are met :
( A ) Voice calls and text messages must be sent merely to the radio telephone phone number provided by the customer of the fiscal institution ;
( B ) Voice calls and text messages must state the name and contact information of the fiscal institution ( for voice calls, these disclosures must be made at the get down of the shout ) ;
( C ) Voice calls and text messages are strictly limited to those for the be purposes : transactions and events that suggest a hazard of fraud or identity larceny ; potential breaches of the security of customers ‘ personal data ; steps consumers can take to prevent or remedy injury caused by data security breaches ; and actions needed to arrange for receipt of pending money transfers ;
( D ) Voice calls and text messages must not include any telemarketing, cross-marketing, solicitation, debt solicitation, or advertising content ;
( vitamin e ) Voice calls and text messages must be concise, by and large one minute or less in distance for voice calls ( unless more time is needed to obtain customer responses or answer customer questions ) or 160 characters or less in length for text messages ;
( F ) A fiscal initiation may initiate no more than three messages ( whether by voice call or textbook message ) per event over a three-day menstruation for an affect account ;
( G ) A fiscal mental hospital must offer recipients within each message an easy means to opt out of future such messages ; part calls that could be answered by a live person must include an automated, interactional voice- and/or key press-activated opt-out mechanism that enables the call recipient role to make an opt-out request prior to terminating the call ; voice calls that could be answered by an answer car or voice mail service must include a toll-free number that the consumer can call to opt out of future calls ; textbook messages must inform recipients of the ability to opt out by replying “ STOP, ” which will be the exclusive means by which consumers may opt out of such messages ; and ,
( H ) A fiscal institution must honor opt-out requests immediately .
( four ) Calls made by, or on behalf of, healthcare providers, which include hospitals, hand brake care centers, medical doctor or service offices, poison control centers, and other healthcare professionals, provided that all of the follow conditions are met :
( A ) Voice calls and text messages must be sent only to the radio call number provided by the patient ;
( B ) Voice calls and text messages must state of matter the name and contact information of the healthcare supplier ( for spokesperson calls, these disclosures would need to be made at the get down of the call ) ;
( C ) Voice calls and text messages are strictly limited to those for the keep up purposes : appointment and examination confirmations and reminders, health checkups, hospital pre-registration instructions, pre-operative instructions, lab results, post-discharge follow-up intended to prevent readmission, prescription notifications, and home healthcare instructions ;
( D ) Voice calls and text messages must not include any telemarketing, solicitation, or advertise ; may not include account, placard, debt-collection, or early fiscal content ; and must comply with HIPAA privacy rules, 45 CFR 160.103 ;
( vitamin e ) Voice calls and text messages must be concise, broadly one infinitesimal or less in distance for voice calls or 160 characters or less in length for text messages ;
( F ) A healthcare provider may initiate only one message ( whether by articulation call or text message ) per day to each patient, up to a maximum of three voice calls or textbook messages combined per workweek to each affected role ;
( G ) A healthcare supplier must offer recipients within each message an easy means to opt out of future such messages ; voice calls that could be answered by a know person must include an automatize, interactional voice- and/or winder press-activated opt-out mechanism that enables the call recipient role to make an opt-out request prior to terminating the call ; voice calls that could be answered by an answer machine or voice mail serve must include a toll-free phone number that the consumer can call to opt out of future healthcare calls ; text messages must inform recipients of the ability to opt out by replying “ STOP, ” which will be the exclusive means by which consumers may opt out of such messages ; and ,
( H ) A healthcare supplier must honor opt-out requests immediately .
( barn ) All artificial or prerecord voice call messages shall :
( 1 ) At the beginning of the message, department of state distinctly the identity of the business, individual, or other entity that is responsible for initiating the name. If a business is responsible for initiating the call, the name under which the entity is registered to conduct business with the State Corporation Commission ( or comparable regulative authority ) must be stated ;
( 2 ) During or after the message, submit distinctly the call total ( other than that of the autodialer or prerecorded message player that placed the call ) of such business, early entity, or individual. The telephone count provided may not be a 900 act or any early number for which charges exceed local or long distance transmittance charges. For telemarketing messages to residential call subscribers, such telephone numeral must permit any individual to make a do-not-call request during even business hours for the duration of the telemarketing campaign ; and
( 3 ) In every case where the artificial or prerecord part telephone message includes or introduces an ad or constitutes telemarketing and is delivered to a residential telephone tune or any of the lines or telephone numbers described in paragraph ( a ) ( 1 ) ( one ) through ( three ), provide an automatize, synergistic voice- and/or winder press-activated opt-out mechanism for the called person to make a do-not-call request, including brief explanatory instructions on how to use such mechanism, within two ( 2 ) seconds of providing the recognition data required in paragraph ( bel ) ( 1 ) of this section. When the called person elects to opt out using such mechanism, the mechanism, must automatically record the called person ‘s count to the seller ‘s do-not-call number and immediately terminate the call. When the artificial or prerecorded part telephone message is left on an answer machine or a voice mail service, such message must besides provide a bell unblock numeral that enables the called person to call back at a late time and connect directly to the automated, interactional voice- and/or key press-activated opt-out mechanism and mechanically record the called person ‘s number to the seller ‘s do-not-call list .
( vitamin c ) No person or entity shall initiate any telephone solicitation to :
( 1 ) Any residential telephone subscriber before the hour of 8 ante meridiem or after 9 post meridiem ( local time at the called party ‘s location ), or
( 2 ) A residential call subscriber who has registered his or her telephone numeral on the national do-not-call register of persons who do not wish to receive call solicitations that is maintained by the federal Government. such do-not-call registrations must be honored indefinitely, or until the adjustment is cancelled by the consumer or the telephone count is removed by the database administrator. Any person or entity making call solicitations ( or on whose behalf call solicitations are made ) will not be apt for violating this requirement if :
( one ) It can demonstrate that the misdemeanor is the leave of mistake and that as share of its routine commercial enterprise practice, it meets the follow standards :
( A ) Written procedures. It has established and implemented written procedures to comply with the national do-not-call rules ;
( B ) coach of personnel. It has trained its personnel, and any entity assisting in its submission, in procedures established pursuant to the national do-not-call rules ;
( C ) Recording. It has maintained and recorded a list of call numbers that the seller may not contact ;
( D ) Accessing the national do-not-call database. It uses a process to prevent telephone solicitations to any telephone phone number on any number established pursuant to the do-not-call rules, employing a version of the national do-not-call register obtained from the administrator of the register nobelium more than 31 days anterior to the date any call is made, and maintains records documenting this work .
note to paragraph (

c

) ( 2 ) (

i

) ( D ) :
The prerequisite in paragraph 64.1200 ( deoxycytidine monophosphate ) ( 2 ) ( one ) ( D ) for persons or entities to employ a adaptation of the national do-not-call register obtained from the administrator no more than 31 days prior to the date any call is made is effective January 1, 2005. Until January 1, 2005, persons or entities must continue to employ a version of the register obtained from the administrator of the register nobelium more than three months prior to the date any name is made .
( e ) Purchasing the national do-not-call database. It uses a process to ensure that it does not sell, rent, lease, purchase or use the national do-not-call database, or any part thereof, for any determination except submission with this section and any such state or federal law to prevent call solicitations to telephone numbers registered on the home database. It purchases access to the relevant do-not-call data from the administrator of the national database and does not participate in any placement to share the cost of accessing the home database, including any musical arrangement with telemarketers who may not divide the costs to access the home database among respective client sellers ; or
( two ) It has obtained the subscriber ‘s anterior express invitation or license. such license must be evidenced by a signed, written agreement between the consumer and seller which states that the consumer agrees to be contacted by this seller and includes the telephone numeral to which the calls may be placed ; or
( three ) The telemarketer making the call has a personal relationship with the recipient of the cry .
( d ) No person or entity shall initiate any call for telemarketing purposes to a residential telephone subscriber unless such person or entity has instituted procedures for maintaining a number of persons who request not to receive telemarketing calls made by or on behalf of that person or entity. The procedures instituted must meet the following minimal standards :
( 1 ) write policy. Persons or entities making calls for telemarketing purposes must have a written policy, available upon demand, for maintaining a do-not-call tilt .
( 2 ) discipline of personnel engaged in telemarketing. Personnel engaged in any aspect of telemarketing must be informed and trained in the universe and use of the do-not-call list .
( 3 ) record, disclosure of do-not-call requests. If a person or entity making a call for telemarketing purposes ( or on whose behalf such a call is made ) receives a request from a residential call subscriber not to receive calls from that person or entity, the person or entity must record the request and space the subscriber ‘s name, if provided, and telephone phone number on the do-not-call list at the time the request is made. Persons or entities making calls for telemarketing purposes ( or on whose behalf such calls are made ) must honor a residential subscriber ‘s do-not-call request within a reasonable time from the date such request is made. This period may not exceed thirty days from the date of such request. If such requests are recorded or maintained by a party other than the person or entity on whose behalf the telemarketing call is made, the person or entity on whose behalf the telemarketing call is made will be liable for any failures to honor the do-not-call request. A person or entity making a call for telemarketing purposes must obtain a consumer ‘s anterior express license to parcel or forward the consumer ‘s request not to be called to a party other than the person or entity on whose behalf a telemarketing call is made or an affiliate entity .
( 4 ) identification of sellers and telemarketers. A person or entity making a call for telemarketing purposes must provide the called party with the name of the individual caller, the name of the person or entity on whose behalf the bid is being made, and a telephone number or address at which the person or entity may be contacted. The telephone total provided may not be a 900 number or any other number for which charges exceed local or long distance transmission charges .
( 5 ) Affiliated persons or entities. In the absence of a specific request by the subscriber to the contrary, a residential subscriber ‘s do-not-call request shall apply to the finical business entity making the call ( or on whose behalf a call is made ), and will not apply to consort entities unless the consumer sanely would expect them to be included given the recognition of the caller and the product being advertised .
( 6 ) maintenance of do-not-call lists. A person or entity create calls for telemarketing purposes must maintain a criminal record of a consumer ‘s request not to receive far telemarketing calls. A do-not-call request must be honored for 5 years from the time the request is made .
( 7 ) tax-exempt nonprofit organizations are not required to comply with 64.1200 ( d ) .
( einsteinium ) The rules set forth in paragraph ( carbon ) and ( d ) of this section are applicable to any person or entity making call solicitations or telemarketing calls to wireless call numbers to the extent described in the Commission ‘s Report and Order, CG Docket No. 02-278, FCC 03-153, “ Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991. ”
( fluorine ) As used in this section :
( 1 ) The condition ad means any material advertise the commercial handiness or quality of any property, goods, or services .
( 2 ) The terms automatic rifle telephone dialing system and autodialer mean equipment which has the capacity to store or produce call numbers to be called using a random or consecutive count generator and to dial such numbers .
( 3 ) The term clear and blatant means a notice that would be apparent to the fair consumer, separate and distinct from the advertising copy or early disclosures. With respect to facsimiles and for purposes of paragraph ( a ) ( 4 ) ( three ) ( A ) of this section, the notification must be placed at either the peak or bottom of the facsimile .
( 4 ) The term hand brake purposes means calls made necessary in any position affecting the health and condom of consumers .
( 5 ) The term established business relationship for purposes of call solicitations means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a residential subscriber with or without an exchange of circumstance, on the basis of the subscriber ‘s purchase or transaction with the entity within the eighteen ( 18 ) months immediately preceding the go steady of the telephone call or on the basis of the subscriber ‘s inquiry or lotion regarding products or services offered by the entity within the three months immediately preceding the date of the call, which relationship has not been previously terminated by either party .
( iodine ) The subscriber ‘s seller-specific do-not-call request, as set forth in paragraph ( five hundred ) ( 3 ) of this department, terminates an established business kinship for purposes of telemarketing and telephone solicitation even if the subscriber continues to do business with the seller .
( two ) The subscriber ‘s established clientele relationship with a detail commercial enterprise entity does not extend to consort entities unless the subscriber would reasonably expect them to be included given the nature and type of goods or services offered by the affiliate and the identity of the consort .
( 6 ) The condition established business kinship for purposes of paragraph ( a ) ( 4 ) of this part on the send of fax advertisements means a prior or existing relationship formed by a voluntary bipartite communication between a person or entity and a occupation or residential subscriber with or without an exchange of consideration, on the basis of an question, application, buy or transaction by the business or residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party .
( 7 ) The term fax broadcaster means a person or entity that transmits messages to call facsimile machines on behalf of another person or entity for a fee .
( 8 ) The term one-ring victimize means a victimize in which a caller makes a call and allows the call to ring the called party for a curtly duration, in order to prompt the called party to return the call, thereby subjecting the called party to charges .
( 9 ) The term anterior express written consent means an agreement, in writing, bearing the signature of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice, and the call numeral to which the signer authorizes such advertisements or telemarketing messages to be delivered .
( iodine ) The written agreement shall include a clear and blatant disclosure informing the person signing that :
( A ) By executing the agreement, such person authorizes the seller to deliver or cause to be delivered to the signer telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice ; and
( B ) The person is not required to sign the agreement ( directly or indirectly ), or agree to enter into such an agreement as a condition of purchasing any place, goods, or services .
( two ) The term “ touch ” shall include an electronic or digital form of key signature, to the extent that such form of key signature is recognized as a valid signature under applicable union jurisprudence or state contract law .
( 10 ) The term seller means the person or entity on whose behalf a telephone call or message is initiated for the function of encouraging the buy or lease of, or investment in, property, goods, or services, which is transmitted to any person .
( 11 ) The term transmitter for purposes of paragraph ( a ) ( 4 ) of this section means the person or entity on whose behalf a facsimile unasked ad is sent or whose goods or services are advertised or promoted in the unasked ad .
( 12 ) The term telemarketer means the person or entity that initiates a call call or message for the determination of encouraging the leverage or lease of, or investment in, property, goods, or services, which is transmitted to any person .
( 13 ) The terminus telemarketing means the knowledgeability of a telephone shout or message for the determination of encouraging the purchase or rental of, or investing in, property, goods, or services, which is transmitted to any person .
( 14 ) The term call facsimile machine means equipment which has the capacitance to transcribe textbook or images, or both, from paper into an electronic signal and to transmit that sign over a regular telephone line, or to transcribe text or images ( or both ) from an electronic signal received over a regular telephone channel onto paper .
( 15 ) The term telephone solicitation means the trigger of a telephone call or message for the aim of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such terminus does not include a call or message :
( i ) To any person with that person ‘s anterior express invitation or license ;
( two ) To any person with whom the caller has an established business relationship ; or
( three ) By or on behalf of a tax-exempt security nonprofit organization organization .
( 16 ) The term unasked ad means any material ad the commercial handiness or quality of any property, goods, or services which is transmitted to any person without that person ‘s prior carry invitation or permission, in writing or differently .
( 17 ) The term personal relationship means any family member, friend, or acquaintance of the telemarketer making the shout .
( 18 ) The term efficaciously mitigate means identifying the beginning of the traffic and prevent that source from continuing to originate traffic of the same or similar nature .
( gram ) Beginning January 1, 2004, common carriers shall :
( 1 ) When providing local exchange service, provide an annual notice, via an cut-in in the subscriber ‘s bill, of the right to give or revoke a presentment of an objection to receiving call solicitations pursuant to the home do-not-call database maintained by the union government and the methods by which such rights may be exercised by the subscriber. The comment must be clear and blatant and include, at a minimal, the Internet address and toll-free number that residential telephone subscribers may use to register on the national database .
( 2 ) When providing service to any person or entity for the determination of making telephone solicitations, make a erstwhile notification to such person or entity of the national do-not-call requirements, including, at a minimum, citation to 47 CFR 64.1200 and 16 CFR 310. failure to receive such notification will not serve as a defense to any person or entity making telephone solicitations from violations of this section .
( h ) The administrator of the national do-not-call register that is maintained by the federal politics shall make the call numbers in the database available to the States so that a State may use the telephone numbers that relate to such State as part of any database, list or number system maintained by such State for the regulation of telephone solicitations .
( one ) – ( j ) [ Reserved ]
( thousand ) Voice service providers may block calls so that they do not reach a called party as follows :
( 1 ) A provider may block a voice call when the subscriber to which the originate issue is assigned has requested that calls purporting to originate from that number be blocked because the total is used for inbound calls alone .
( 2 ) A supplier may block a voice call aim to originate from any of the follow :
( i ) A north american Numbering Plan number that is not valid ;
( two ) A valid North American Numbering Plan count that is not allocated to a provider by the union american Numbering Plan Administrator or the Pooling Administrator ; and
( three ) A valid North American Numbering Plan number that is allocated to a provider by the north american english Numbering Plan Administrator or Pooling Administrator, but is unused, then long as the provider blocking the calls is the allocatee of the number and confirms that the number is unused or has obtained verification from the allocatee that the number is unused at the clock time of the block .
( intravenous feeding ) A telephone number that the provider identifies, based on fair analytics, as highly likely to be associated with a one-ring victimize .
( 3 ) A terminating provider may block a voice margin call without liability under the Communications Act or the Commission ‘s rules where :
( i ) Calls are blocked based on the practice of reasonable analytics designed to identify unwanted calls ;
( two ) Those analytics include consideration of caller ID authentication information where available ;
( three ) A consumer may opt out of blocking and is provided with sufficient data to make an informed decisiveness ;
( intravenous feeding ) All analytics are applied in a non-discriminatory, competitively neutral manner ;
( five ) Blocking services are provided with no extra line-item care to consumers ; and
( six ) The terminating provider provides, without accusation to the caller, the right requirements set away in paragraph ( thousand ) ( 8 ) of this section .
( 4 ) A supplier may block spokesperson calls or discontinue to accept traffic from an originate or intermediate supplier without liability under the Communications Act or the Commission ‘s rules where the originate or intermediate provider, when notified by the Commission, fails to efficaciously mitigate illegal traffic within 48 hours or fails to implement effective measures to prevent newfangled and renewing customers from using its net to originate illegal calls. Prior to initiating obstruct, the provider shall provide the Commission with notice and a brief compendious of the basis for its determination that the originate or intermediate supplier meets one or more of these two conditions for blocking .
( 5 ) A provider may not block a spokesperson call under paragraph ( thousand ) ( 1 ) through ( 4 ) or ( 11 ) of this part if the shout is an hand brake margin call placed to 911 .
( 6 ) A supplier may not block a part call under paragraph ( thousand ) ( 1 ) through ( 4 ) or ( 11 ) of this section unless that provider makes all fair efforts to ensure that calls from populace condom answering points and politics emergency numbers are not blocked .
( 7 ) For purposes of this section, a supplier may rely on Caller ID information to determine the purport originate count without gaze to whether the call, in fact originated from that number .
( 8 ) Each terminating supplier that blocks calls pursuant to this section or use caller ID authentication data in determining how to deliver calls must provide a single point of contact, promptly available on the terminating provider ‘s public-facing web site, for receiving birdcall blocking error complaints and verifying the authenticity of the calls of a calling party that is adversely affected by information provided by caller ID authentication. The terminating provider must resolve disputes pertaining to caller ID authentication information within a fair fourth dimension and, at a minimum, provide a status update within 24 hours. When a caller makes a credible claim of erroneous obstruct and the terminating supplier determines that the calls should not have been blocked, or the call delivery decision is not allow, the terminating provider must promptly cease the call treatment for that number unless circumstances change. The terminating provider may not impose any charge on callers for report, investigation, or resolving either category of complaints, then farseeing as the ailment is made in good faith .
( 9 ) Any terminating supplier that blocks calls based on any analytics plan, either itself or through a third-party obstruct service, must immediately return, and all voice military service providers in the call path must transmit, an allow response code to the origin point of the call. For purposes of this rule, an appropriate reaction code is :
( one ) In the case of a call terminating on an IP net, the manipulation of Session Initiation Protocol ( SIP ) code 603, 607, or 608 ;
( two ) In the casing of a call end on a non-IP network, the use of ISDN User Part ( ISUP ) code 21 with the causal agent location “ user ” ;
( three ) In the font of a code transmitting from an IP network to a non-IP network, SIP codes 607 and 608 must map to ISUP code 21 ; and
( four ) In the case of a code transmitting from a non-IP network to an IP network, ISUP code 21 must map to SIP code 603, 607, or 608 where the induce localization is “ exploiter. ”
( 10 ) Any terminating supplier that blocks calls pursuant to an opt-out or opt-in analytics program, either itself or through a third-party block military service, must provide, at the request of the subscriber to a number, at no extra charge and within 3 business days of such a request, a list of calls to that number, including the date and time of the call and the calling phone number, that the terminating provider or its designee blocked pursuant to such analytics platform within the 28 days prior to the request .
( 11 ) A terminating provider may block calls without indebtedness under the Communications Act and the Commission ‘s rules, without giving consumers the opportunity to opt out of such forget, so long as :
( iodine ) The supplier sanely determines, based on reasonable analytics that include consideration of caller ID authentication information where available, that calls are function of a particular call pattern that is highly likely to be illegal ;
( two ) The supplier manages its network-based jam with human oversight and network monitoring sufficient to ensure that it blocks alone calls that are highly likely to be illegal, which must include a summons that reasonably determines that the particular call model is highly likely to be illegal before initiating stop of calls that are function of that pattern ;
( three ) The supplier ceases blocking calls that are part of the call form deoxyadenosine monophosphate soon as the provider has actual cognition that the stop calls are likely lawful ;
( intravenous feeding ) The supplier discloses to consumers that it is engaging in such obstruct ;
( five ) All analytics are applied in a non-discriminatory, competitively neutral manner ;
( united states virgin islands ) Blocking services are provided with no extra line-item charge to consumers ; and
( seven ) The terminating provider provides, without line item mission to the caller, the damages requirements set forth in subparagraphs 8 and 9 .
( liter ) A report carrier subject to § 52.15 ( fluorine ) of this style shall :
( 1 ) assert records of the most late date each north american Numbering Plan ( NANP ) telephone number allocated or ported to the report carrier was permanently disconnected .
( 2 ) Beginning on the fifteenth day of the calendar month after the Consumer and Governmental Affairs Bureau announces that the Administrator is ready to begin accepting these reports and on the fifteenth day of each calendar month thereafter, report to the Administrator the most holocene date each NANP telephone number allocated to or ported to it was permanently disconnected .
( 3 ) For purposes of this paragraph ( liter ), a NANP telephone number has been permanently disconnected when a subscriber permanently has relinquished the issue, or the supplier permanently has reversed its assignment of the phone number to the subscriber such that the count has been disassociated with the subscriber. A NANP call number that is ported to another supplier is not permanently disconnected .
( 4 ) Reporting carriers serving 100,000 or fewer domestic retail subscriber lines as reported on their most holocene Forms 477, aggregated over all the providers ‘ affiliates, must begin keeping the records required by paragraph ( lambert ) ( 1 ) of this section six months after the effective date for big providers and must begin filing the reports required by paragraph ( liter ) ( 2 ) of this section no late than the fifteenth day of the month that is six months after the date announced by the Consumer and Governmental Affairs Bureau pursuant to paragraph ( liter ) ( 2 ) .
( m ) A person will not be liable for violating the prohibitions in paragraph ( a ) ( 1 ), ( 2 ), or ( 3 ) of this department by making a call to a number for which the person previously had obtained prior express consent of the called party as required in paragraph ( a ) ( 1 ), ( 2 ), or ( 3 ) but at the clock of the call, the number is not assigned to the subscriber to whom it was assigned at the prison term such prior express accept was obtained if the person, bearing the effect of proof and opinion, demonstrates that :
( 1 ) The person, based upon the most late total data reported to the Administrator pursuant to paragraph ( lambert ) of this section, by querying the database operated by the Administrator and receiving a reception of “ no ”, has verified that the number has not been permanently disconnected since the date anterior express accept was obtained as required in paragraph ( a ) ( 1 ), ( 2 ), or ( 3 ) of this section ; and
( 2 ) The person ‘s call to the count was the resultant role of the database mistakenly returning a response of “ no ” to the person ‘s question consist of the number for which prior express accept was obtained as required in paragraph ( a ) ( 1 ), ( 2 ), or ( 3 ) of this section and the date on which such prior express accept was obtained .
( newton ) A voice service provider must :

( 1 ) Respond amply and in a timely matter to all traceback requests from the Commission, civil law enforcement, condemnable law enforcement, and the industry traceback consortium ;
( 2 ) Take steps to effectively mitigate illegal traffic when it receives actual written notification of such traffic from the Commission through its Enforcement Bureau. In providing comment, the Enforcement Bureau shall identify with angstrom much particularity as possible the suspect dealings ; provide the basis for the Enforcement Bureau ‘s reasonable impression that the identify traffic is unlawful ; cite the statutory or regulative provisions the suspected traffic appears to violate ; and direct the voice service supplier receiving the notice that it must comply with this department. Each advise supplier must promptly investigate the identify dealings. Each advise supplier must then promptly report the results of its probe to the Enforcement Bureau, including any steps the supplier has taken to effectively mitigate the identify traffic or an explanation as to why the supplier has reasonably concluded that the identify calls were not illegal and what steps it took to reach that ending. Should the advise supplier find that the traffic comes from an upriver supplier with direct access to the U.S. Public Switched Telephone Network, that provider must promptly inform the Enforcement Bureau of the beginning of the traffic and, if possible, take steps to mitigate this traffic ; and
( 3 ) Take affirmative, effective measures to prevent new and renewing customers from using its network to originate illegal calls, including knowing its customers and exercising ascribable application in ensuring that its services are not used to originate illegal traffic .

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