§ 15-775c-2

As used in the Telephone Solicitation Act of 2022: 1. 'Called party' means a person who is the regular user of the telephone number that receives a commercial telephonic sales call;2. 'Caller identification service' means a service that allows a telephone subscriber to have the telephone number and, where available, the name of the calling party transmitted contemporaneously with the telephone call and displayed on a device in or connected to the subscriber's telephone;3. 'Prior express written consent' means a written agreement that:a.bears the signature of the called party,b.clearly authorizes the person making or allowing the placement of a commercial telephonic sales call by telephone call, text message, or voicemail transmission to deliver or cause to be delivered to the called party a commercial telephonic sales call using an automated system for the selection or dialing of telephone numbers, the playing of a recorded message when a connection is completed to a number called, or the transmission of a prerecorded voicemail,c.includes the telephone number to which the signatory authorizes a commercial telephonic sales call to be delivered, andd.includes a clear and conspicuous

the transmission of a prerecorded voicemail,c.includes the telephone number to which the signatory authorizes a commercial telephonic sales call to be delivered, andd.includes a clear and conspicuous disclosure informing the called party that:(1)by executing the agreement, the called party authorizes the person making or allowing the placement of a commercial telephonic sales call to deliver or cause to be delivered a commercial telephonic sales call to the called party using an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called, and(2)he or she is not required to sign the written agreement directly or indirectly or to agree to enter into such an agreement as a condition of purchasing any property, goods, or services; and4. 'Signature' includes an electronic or digital signature, to the extent that such form of signature is recognized as a valid signature under applicable federal law or state contract law.Added by Laws 2022, c. 290, § 2, eff. Nov. 1, 2022.