A BILL TO BE ENTITLED
AN ACT to STRENGTHEN the do not call registry.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 75‑101 reads as rewritten:
"§ 75‑101.  Definitions.
The following definitions apply in this Article:
…
(9)	Telephone solicitation. – A voice communication, whether prerecorded, live, or a facsimile, over a telephone line or wireless telephone network or via a commercial mobile radio service that is made by a telephone solicitor to a telephone subscriber for the purpose of soliciting or encouraging the purchase or rental of, or investment in, property, goods, or services; obtaining or providing information that will or may be used for that purpose; soliciting or encouraging a telephone subscriber's participation in any contest, sweepstakes, raffle, or lottery, whether legal or illegal; creating a lead or referral for which the solicitor will receive or hopes to receive compensation; or obtaining a charitable donation. "Telephone solicitation" also includes those transactions that are defined as "telemarketing" under the Telemarketing Sales Rule.
(10)	Telephone solicitor. – Any individual, business establishment, business, or other legal entity doing business in this State that, directly or through salespersons, agents, subagents, contractors, or other third party vendors makes or attempts to make telephone solicitations or causes telephone solicitations to be made. "Telephone solicitor" also includes any party defined as a "telemarketer" under the Telemarketing Sales Rule. The term also includes any party that receives a sales lead or inbound call from a telephone subscriber and knows or has reason to know that the lead or inbound call from the subscriber was generated by a telephone call.
…."
SECTION 2.  G.S. 75‑102 reads as rewritten:
"§ 75‑102.  Restrictions on telephone solicitations.
…
(c)	Any telephone solicitor who makes a telephone solicitation shall do all of the following:
…
(5)	Notwithstanding subdivision (3) of this subsection, if a telephone solicitor relies on the established business relationship of an affiliate to solicit a residential telephone subscriber whose telephone number is listed in the latest edition of the "Do Not Call" Registry and the person called communicates a desire to receive no further telephone solicitations from the telephone solicitor, the telephone solicitor shall take all steps necessary to remove that telephone subscriber's telephone number from the contact lists of the telephone solicitor and that affiliate, unless the telephone subscriber indicates otherwise, and the telephone solicitor and that affiliate shall stop calling the telephone subscriber at that number within 30 business days.
…."
SECTION 3.  G.S. 75‑104 reads as rewritten:
"§ 75‑104.  Restrictions on use of automatic dialing and recorded message players.
(a)	Except as provided in this section, no person, whether directly or through a salesperson, agent, subagent, contractor, or third party vendor, may use an automatic dialing and recorded message player to make an unsolicited telephone call.
…
(c)	Any party that knows or has reason to know that the sales leads or inbound telephone calls it is receiving or accepting were generated by calls placed by another party or parties in violation of subsection (a) of this section shall be jointly liable under this act with said party or parties for each call or lead that is received or accepted."
SECTION 4.  This act is effective when it becomes law.