unwanted%20automated%20telephone%20call%20act%20of%202011-introduced

8/7/2019 unwanted%20automated%20telephone%20call%20act%20of%202011-introduced

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_________________________1Councilmember Mary M. Cheh2

345

6 A BILL78

__________91011

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA1213

__________141516

Councilmember Mary M. Cheh introduced the following bill, which was referred to the17 Committee on ______________.1819

To restrict the use of unwanted telephone solicitations and automated calls and to require the20availability of an opt-out mechanism during automated calls.21

22BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this23

act may be cited as the Unwanted Automated Telephone Call Act of 2011.24

Sec. 2. Definitions.25

For the purposes of this act, the term:26

(1) Automatic dialing-announcing device means a device that selects and dials27

phone numbers and that, working alone or in conjunction with other equipment, disseminates a28

prerecorded or synthesized voice message to the telephone number called.29

(2) Caller means a person, corporation, firm, partnership, association, or legal30

or commercial entity who attempts to contact, or who contacts, a subscriber in the District by31

using a telephone, telephone line, or a voice transferred to a phone by the internet.32

(3) Commercial telephone solicitation means any unsolicited call to a33

subscriber when the person initiating the call does not have a personal relationship or an34

established business relationship with the subscriber, and when the purpose of the call is to35


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solicit the purchase or the consideration of purchase of goods or services by the subscriber.1

Commercial telephone solicitations do not include calls from:2

(A) Any municipal government, state government, or the United States3

government for exclusively public purposes; or4

(B) Organizations that would be classified as tax-exempt under section5

503(c)(3) of the United States Internal Revenue Code.6

(4) Current business relationship means an ongoing-but-incomplete transaction7

between a caller and a subscriber.8

(5) Established business relationship means a previous transaction or series of9

transactions between a caller and a subscriber that occurred within the 18 months preceding a10

call.11

(6) Message means any call, regardless of its content.12

(7) Opt-out mechanism means a procedure that allows a subscriber to terminate13

the current message and notify the caller that the subscriber should not receive any future calls14

initiated by an automatic-dialing announcing device from that caller or sponsoring entity. In the15

case of a call that could be answered in person by a subscriber, the subscriber may opt-out using16

an automated interactive voice or keypress-activated mechanism. In the case of a call that could17

be answered by an answering machine or voicemail service, the person called is provided with a18

toll-free telephone number that processes do-not-call requests. The number provided must19

connect directly to an automated interactive voice or keypress-activated opt-out mechanism that20

automatically adds the number called to the caller or sponsoring entity's do-not-call list.21

(8) Subscriber means either a person who has subscribed to telephone service22

or cellular telephone service from a telephone company or cellular telephone company and other23

persons residing with the subscribing person.24


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Sec. 3. Restrictions on use of prerecorded or synthesized voice messages.1

(a) A caller shall not use or connect an automatic dialing-announcing device to a2

telephone line, cellular telephone line, or a system transferring voice over the internet unless:3

(1) The subscriber has voluntarily requested, consented to, permitted, or4

authorized receipt of messages from that caller; or5

(2) The message is immediately preceded by a live operator who obtains the6

subscribers consent before the message is delivered.7

(b) A caller shall not use an automatic dialing-announcing device without an opt-out8

mechanism that:9

(1) Is announced and made available within 15 seconds of a person answering the10

call; and11

(2) Once activated, automatically adds the subscribers number to the caller or12

sponsoring entitys do-not-call list and terminates the call.13

(c) A caller shall not use an automatic dialing-announcing device unless the device is14

designed and operated so as to disconnect within ten seconds after the termination of the15

telephone call by the subscriber.16

(d) This section and section 5 do not apply to:17

(1) Any public-originated message. This shall include a message from public18

schools or districts and charter schools to enrolled students or parents;19

(2) Messages from private schools to enrolled students or parents;20

(3) Messages to subscribers with whom the caller has a current business or21

personal relationship; or22

(4) Messages from employers to employees.23

Sec. 4. Requirements for messages preceded by a live operator.24


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Where an automatic dialing-announcing device is immediately preceded by a live1

operator, the operator must, at the outset of the message, disclose:2

(1) The name of the business, firm, organization, partnership, association,3

campaign, or entity for which the message is being made;4

(2) The purpose of the message;5

(3) The identity or kinds of goods or services the message is promoting; and6

(4) If applicable, the fact that the message intends to solicit payment or7

commitment of funds.8

Sec. 5. Time of day limit.9

A caller shall not initiate a message to a subscriber using an automatic dialing-10

announcing device nor make any commercial telephone solicitation before 9:00 a.m. or after11

9:00 p.m.12

Sec. 6. Restraining prohibited acts.13

(a) Notwithstanding any provision of law to the contrary, the Attorney General for the14

District of Columbia, may commence a civil action in the Superior Court of the District of15

Columbia to secure a temporary restraining order, a preliminary injunction, a permanent16

injunction or other appropriate relief to enforce compliance with the provisions of this act against17

a party believed to be placing calls prohibited by this act. In any action under this section, the18

Attorney General shall not be required to prove damages and the injunction shall be issued19

without bond.20

(b) The Attorney General shall not pursue the restraints made available by subsection (a)21

of this section nor impose any fine specified in subsection 7(a) against a caller who has22

attempted to adhere to the provisions of this section in good faith but has violated one or more23

provisions as the result of a technical error.24


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Sec. 7. Penalties.1

(a) Any violations of the provisions of this act shall be subject to the following fines not2

to exceed:3

(1) For the first offense $50.00;4

(2) For the second offense $100.00;5

(3) For the third offense $200.00; and6

(4) For the fourth and subsequent offenses $400.00.7

(b) Any violations of the provisions of this act shall be subject to any private right of8

action asserted against the caller and sponsoring entity by an injured party for actual damages.9

Sec. 8. Rules.10

The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act,11

approved October 21, 1968 (82 Stat. 1204; D.C. Official Code 2-501 et seq.), shall issue rules12

to implement the provisions of this act.13

Sec. 9. Applicability.14

This act shall apply as of August 1, 2011.15

Sec. 10. Fiscal Impact Statement.16

The Council adopts the fiscal impact statement in the committee report as the fiscal17

impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,18

approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(3)).19

Sec. 11. Effective date.20

This act shall take effect following approval by the Mayor (or in the event of veto by the21

Mayor, action by the Council to override the veto), a 30-day period of Congressional review as22

provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December23


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unwanted%20automated%20telephone%20call%20act%20of%202011-introduced

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