GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 971

Short Title:  Automatic Dialing Services.	(Public)
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Sponsors: Senator Block.
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Referred to:  Constitution.
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April 19, 1989

A BILL TO BE ENTITLED
AN ACT TO REGULATE AND PROHIBIT CERTAIN PRACTICES BY TELEPHONE AUTOMATIC DIALING SERVICES.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 14 of the General Statutes is amended by adding a new Article to read:
“ARTICLE 61.
"Telephone-Related Crime.
"§ 14-460.  Use of automatic dialing-announcing devices.
	(a)	Definitions.
(1)	As used in this section, the term ‘automatic dialing-announcing device' means any automatic equipment which incorporates a storage capability of telephone numbers to be called or a random or sequential number generator capable of producing numbers to be called and is used, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called without the use of an operator.
(2)	As used in this section, the term ‘person' means any natural person, firm, organization, partnership, association or corporation, or other entity, whether for-profit or not-for-profit.
	(b)	No person shall operate an automatic dialing-announcing device except in accordance with the provision of this section.  The use of an automatic dialing-announcing device by any person, either individually or acting as an officer, agent, or employee of a person operating automatic dialing-announcing devices, is subject to the provisions of this section.
	(c)	Whenever telephone calls are placed through the use of an automatic dialing-announcing device, that device shall do all of the following:
(1)	State at the beginning of the call the nature of the call and the name of the person or on whose behalf the message is being transmitted and at the end of such message the address, and telephone number of the person on whose behalf the message is transmitted, provided these disclosures are not otherwise prohibited or restricted by any federal, State, or local law; and
(2)	Disconnect the automatic dialing-announcing device from the telephone line upon the termination of the call by either the person calling or the person called.
	(d)	Federal, State, or local municipalities, or any subdivision thereof, using an automatic dialing-announcing device for emergency purposes shall be exempted from the provisions of this section.
	(e)  Whenever there is a violation of this section, an application may be made by the Attorney General in the name of the State, to a court having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court, that the defendant has, in fact, violated this section an injunction may be issued by the court enjoining and restraining any further violation, without requiring proof that any person has, in fact, been specifically injured or damaged.  In any  proceeding seeking an injunction, as provided in the preceding sentence, the court, when it finds proof of damages, may direct restitution.  Whenever a court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than two thousand dollars ($2,000) per call, up to a total of not more than twenty thousand dollars ($20,000), for calls placed in violation of this section within a continuous 72-hour period.  In connection with any such proposed application, the Attorney General may take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
	(f)  Any person who has received a telephone call in violation of this section may bring an action in his own name to enjoin the unlawful act or practice, an action to recover his actual damages or fifty dollars ($50.00), whichever is greater, or both actions.  The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars ($1,000), if the court finds the defendant willfully or knowingly violated this section.  The court may award reasonable attorneys' fees to a prevailing plaintiff.
	(g) Violation of this section is a misdemeanor, with each call placed in violation of this section punishable by a fine not to exceed five hundred dollars ($500.00), imprisonment for not more than six months, or both."
Sec. 2.  This act shall become effective October 1, 1989.