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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
do-not-call list; text messages
Purpose
Prohibits a seller, solicitor or anyone acting on behalf of a seller or solicitor from initiating an outbound text message to a telephone number that is on the National Do-Not-Call Registry (Registry).
Background
The federal Do-Not-Call Implementation Act of 2003 authorized the Federal Trade Commission (FTC) to establish the Registry. Telephone numbers are only removed from the Registry on an individual's request to remove the individual's telephone number or if the FTC determines that the number has been disconnected or reassigned (15 U.S.C. §§ 6151 and 6155).
A seller or solicitor or anyone acting on behalf of a seller or solicitor
is prohibited from initiating an outbound telephone solicitation call to any
telephone number, if the telephone number is entered in the Registry. A
telephone solicitation is exempt from the do-not-call prohibitions if the
telephone solicitation is authorized under federal law or regulation or the
call is made by or on behalf of a seller or solicitor who holds an Arizona
broker or salesperson license if the call is:
1) in regard to a past or present real estate employment agreement with the
consumer and who is calling in regard to a subject reasonably related to the
employment agreement; 2) in response to a referral from a natural person with
whom the consumer has a personal relationship; or 3) in response to an express
request or permission of a consumer whose telephone number is entered in the
Registry. A violation of the do-not-call prohibitions is an unlawful practice
under consumer fraud law and subject to investigation by the Attorney General
for a civil penalty of up to $1,000 (A.R.S.
§ 44-1282).
A telephone solicitation is 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 Arizona (A.R.S. § 44-1271).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a seller, solicitor or anyone acting on behalf of a seller or solicitor from initiating an outbound text message to a telephone number that is on the Registry.
2. Makes a technical change.
3. Becomes effective on the general effective date.
House Action
COM 1/31/23 DP 10-0-0-0
3rd Read 2/21/23 60-0-0
Prepared by Senate Research
March 6, 2023
JT/FB/sr