Except as provided in Subsection (2), a person may not operate or authorize the operation of an automated telephone dialing system to make a telephone solicitation.
Terms Used In Utah Code 13-25a-103
Automated telephone dialing system: means equipment used to:
(i)
store or produce telephone numbers;
(ii)
call a stored or produced number; and
(iii)
connect the number called with a recorded message or artificial voice. See Utah Code 13-25a-102
Established business relationship: includes a relationship with an affiliate as defined in Section 16-10a-102. See Utah Code 13-25a-102
Negative response: means a statement from a person stating the person does not wish to listen to the sales presentation or participate in the solicitation presented in the telephone call. See Utah Code 13-25a-102
Telephone solicitation: means the initiation of a telephone call or message for a commercial purpose or to seek a financial donation, including calls:
(a)
encouraging the purchase or rental of, or investment in, property, goods, or services, regardless of whether the transaction involves a nonprofit organization;
(b)
soliciting a sale of or extension of credit for property or services to the person called;
(c)
soliciting information that will be used for:
(i)
the direct solicitation of a sale of property or services to the person called; or
(ii)
an extension of credit to the person called for a sale of property or services;
(d)
soliciting a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with any appeal made for a charitable purpose; or
(e)
encouraging the person called to sell real or personal property. See Utah Code 13-25a-102
Telephone solicitor: means any individual, firm, organization, partnership, association, or corporation who makes or causes to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system. See Utah Code 13-25a-102
Unsolicited telephone call: means a telephone call for a commercial purpose or to seek a financial donation other than a call made:
(a)
in response to an express request of the person called;
(b)
primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call;
(c)
to a person with whom the telephone solicitor has an established business relationship; or
A person may operate an automated telephone dialing system if a call is made:
(a)
with the prior express consent of the person who is called agreeing to receive a telephone solicitation from a specific solicitor; or
(b)
to a person with whom the solicitor has an established business relationship.
(3)
A person may not make a telephone solicitation to a residential telephone or cellular telephone without prior express consent during any of the following times:
(a)
between the hours of 9 p.m. and 8 a.m. local time;
(b)
on a Sunday; or
(c)
on a legal holiday.
(4)
A person may not make or authorize a telephone solicitation in violation of Title 47 U.S.C. § 227.
(5)
A telephone solicitor who makes an unsolicited telephone call to a telephone number shall:
(a)
identify the telephone solicitor;
(b)
identify the business on whose behalf the telephone solicitor is soliciting;
(c)
promptly identify the purpose of the call upon making contact by telephone with the person who is the object of the telephone solicitation;
(d)
discontinue the solicitation if the person being solicited gives a negative response at any time during the telephone call; and
(e)
hang up the phone, or in the case of an automated telephone dialing system operator, disconnect the automated telephone dialing system from the telephone line within 25 seconds of the termination of the call by the person being called.
(6)
If a telephone solicitor’s service or equipment is capable of displaying the telephone solicitor’s telephone number through a caller identification service, the telephone solicitor may not withhold the display of the telephone solicitor’s telephone number from a caller identification service when that number is being used for telemarketing purposes.
