Idaho Code § 48-1003A
§ 48-1003A. No telephone solicitation contact list
(1)
(a)
Any Idaho residential, mobile or telephonic paging device telephone subscriber desiring to be placed
on the Idaho "no telephone solicitation contact" list, indicating that the subscriber does not wish to receive
telephone solicitations, may be placed upon such list through a procedure approved by the attorney general.
(b)
Notwithstanding any other provision of this chapter, a national "do-not-call" registry established and
maintained by the federal trade commission, pursuant to 16 CFR 310.4(b)(1)(iii)(B), may serve as the Idaho "no
telephone solicitation contact" list provided by this chapter. The attorney general may provide to the federal
trade commission, for inclusion in the national "do-not-call" registry, the telephone numbers of Idaho
residents that are on the Idaho "no telephone solicitation contact" list.
(2)
It is a violation of this chapter for a telephone solicitor to make or cause to be made any telephone
solicitation, as defined by section 48-1002(11)(a), Idaho Code, to any telephone number which is assigned by a
telephone company to an Idaho resident listed on the Idaho "no telephone solicitation contact" list when that
telephone number has been on such list for at least three (3) months prior to the date the telephone
solicitation is made.
(3)
Section 48-1006, Idaho Code, notwithstanding, any violation of this section shall subject the person
violating the terms of this section to a civil penalty, to be imposed by the district court, as follows: for
the first violation, not to exceed five hundred dollars ($ 500); for the second violation, not to exceed two
thousand five hundred dollars ($ 2,500); for the third and subsequent violations, not to exceed five thousand
dollars ($ 5,000) per violation. Penalties received under this section shall be expended pursuant to
legislative appropriation.
(4)
This section is not applicable to telephone solicitations:
(a)
To a telephone subscriber's commercial or business telephone number;
(b)
(i)
Where an established business relationship exists, as defined in subsection (3) of section 48-1002,
Idaho Code, between the telephone solicitor and the telephone subscriber; provided however, the established
and existing business relationship exception shall not apply between a telephone company and a telephone
subscriber under this section unless the telephone subscriber shall have previously consented to receive a
telephone solicitation from such company or its agent;
(ii)
For purposes of this section, "telephone company" means a person providing telecommunications
services to the public, or any segment thereof, for compensation, by wire, cable, radio, lightwaves, cellular
signal or other means. "Telecommunications services" means the conveyance of voice, data, sign, signal,
writing, sound, messages or other information at any frequency over any part of the electromagnetic spectrum;
(c)
By a minor seeking to sell a good or service, pursuant to a telephone solicitation, for a charitable
purpose or organization.
(5)
The attorney general shall advise telephone subscribers who register with his office under this section of
all self-help measures available to them to reduce unwanted telephone solicitations.
|
|
Compliance Guide:
Registration Made Easy.
- Online State Registration wizard for call campaign licensing.
- Wizard makes finding State DNC exemptions easy.
- Quickly answer questions with included regulatory guide.
|
|
