(a) In this subtitle the following words have the meanings indicated.
Called party
(b) “Called party” means a person who is a regular user of a telephone number that receives a telephone solicitation.
Caller identification service
(c) “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 simultaneously with the telephone call and displayed on a device connected to the subscriber's telephone.
Prior express written consent
(d) “Prior express written consent” means a written agreement that:
(1) Bears the signature of the called party;
(2) Clearly authorizes the person making or allowing the placement of a telephone solicitation by telephone call, text message, or voicemail to deliver or cause to be delivered to the called party:
(i) A telephone solicitation using an automated system for the selection or dialing of telephone numbers;
(ii) The playing of a recorded or artificial voice message when a connection is completed to a number called; or
(iii) The transmission of a prerecorded voicemail; and
(3) Includes:
(i) The telephone number to which the signatory authorizes a telephone solicitation to be delivered; and
(ii) 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 telephone solicitation to deliver or cause to be delivered a telephone solicitation to the called party using:
A. An automated system for the selection or dialing of telephone numbers; or
B. The playing of a recorded message when a connection is completed to a number called; and
2. The called party is not required to directly or indirectly:
A. Sign the written agreement; or
B. Agree to enter into the agreement as a condition of purchasing any property, goods, or services.
Signature
(e) “Signature” includes an electronic or digital signature to the extent that the form of signature is recognized as a valid signature under applicable federal law or State contract law.
Telephone solicitation
(f) “Telephone solicitation” has the meaning stated in § 8-205 of the Public Utilities Article.
Credits
Added by Acts 2023, c. 413, § 1, eff. Jan. 1, 2024; Acts 2023, c. 414, § 1, eff. Jan. 1, 2024. Amended by Acts 2024, c. 214, § 1, eff. April 25, 2024.
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
