Arizona Revises Telephone Solicitations Definitions
The Arizona state legislature recently passed Senate Bill 1375 revising Sections 44-1271 and 44-1282 of the Arizona Revised Statutes relating to telephone solicitations. These revisions are effective as of August 6, 2016.
The Section 44-1271 definition of "Telephone solicitation" has been revised to "any voice communication from a live operator, announcing device or otherwise that offers merchandise for sale or rent and that is to or from a person located in this state." Previously the definition included only voice communications to a telephone number in Arizona, the new definition clarifies that communications from persons located in Arizona are included as well. Under the new definition, telephone solicitations covered by this section must be to or from a person located in the State of Arizona.
Section 44-1282 relates to prohibitions, enforcement and civil penalty concerning the national do-not-call registry. Under this section "[a] seller or solicitor or anyone acting on behalf of a seller or solicitor shall not initiate an outbound telephone solicitation call to any telephone number if the telephone number is entered in the national do-not-call registry… ." Prior to the recent revisions the only covered calls were made to telephone numbers in the State of Arizona. Under the new revisions calls made out of state are also now covered by this section.
Section 44-1282 (3) previously included a section under which a seller or solicitor permitted to perform any action or conduct any practice under the “do-not-call implementation act” would be permitted to do so. This section has been struck, leaving only the sections regarding violation and civil penalty and the section which includes the “do-not-call implementation act” reference.
Review additional information, including the Bill in its entirety.
Margaret Wright, JD, is regulatory compliance director with CLA. She is a graduate of Stonehill College and earned her juris doctor at Suffolk University Law School. She is admitted to the Massachusetts Bar.
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