GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 5
HOUSE BILL 936
Committee Substitute Favorable 5/6/25
Third Edition Engrossed 5/7/25
Senate Judiciary Committee Substitute Adopted 6/3/26
Fifth Edition Engrossed 6/17/26
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Short Title: Robocall Solicitation Modifications. |
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Sponsors: |
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Referred to: |
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April 14, 2025
A BILL TO BE ENTITLED
AN ACT to modify the laws governing telephone solicitations to address robocalls.
The General Assembly of North Carolina enacts:
SECTION 1. Article 4 of Chapter 75 of the General Statutes reads as rewritten:
"Article 4.
"Telephone Solicitations.
"§ 75‑100. Findings.
"§ 75‑101. Definitions.
The following definitions apply in this Article:
(1) Affiliate. A business establishment, business, or other legal entity that wholly or substantially owns, is wholly or substantially owned by, or is under common ownership with a telephone solicitor.
(2) Automatic dialing and recorded message player.
Any automatic equipment that incorporates a storage capability of telephone
numbers to be called or a random or a sequential number generator capable of
producing numbers to be called that, working alone or in conjunction with other
equipment, disseminates a prerecorded message to the telephone number called.
(3) "Do Not Call" Registry. The registry created and maintained by the Federal Trade Commission pursuant to the Telemarketing Sales Rule. It also means any other telemarketing registry created by the federal government, including the Federal Communications Commission. It also means any registry created by the Attorney General pursuant to G.S. 75‑102(n).
(4) Doing business in this State. To make or cause to be made any telephone solicitation to North Carolina telephone subscribers, whether the telephone solicitations are made from a location inside North Carolina or outside North Carolina.
(5) Established business relationship. A relationship between a seller and a consumer based on:
a. The consumer's purchase, rental, or lease of the seller's goods or services or a financial transaction between the consumer and the seller or one or more of its affiliates within the 18 months immediately preceding the date of a telephone solicitation; or
b. The consumer's inquiry or application regarding a product or service offered by the seller within the three months immediately preceding the date of a telephone solicitation.
(6) Express invitation or permission. Any
invitation or permission that is registered by the telephone subscriber on an
independent form and that contains the telephone number to which calls can be
placed and the signature of the telephone subscriber. The form may be completed
and signed electronically.
(7) Person. Any individual, business establishment, business, or other legal entity.
(7a) Prior express written consent. An agreement that satisfies all of the following conditions:
a. It is in writing.
b. It bears the signature of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called telephone solicitations. The term "signature" includes an electronic or digital form of signature, to the extent that such form of signature is recognized as a valid signature under applicable federal law or State law.
c. It includes the telephone number to which the signatory authorizes such telephone solicitations to be delivered.
d. It includes a clear and conspicuous disclosure informing the person signing both of the following:
1. By executing the agreement, such person authorizes the seller to deliver or cause to be delivered to the signatory telephone solicitations.
2. The person is not required to sign the agreement (directly or indirectly) or agree to enter into such an agreement as a condition of purchasing any property, goods, or services.
(7b) Robocall. A voice communication that delivers artificial, artificially generated, or prerecorded voice messages, in whole or in part, including, but not limited to, telephone calls utilizing soundboard technology and ringless voicemail messages. "Robocall" also includes spam and scam text messages received by a telephone subscriber through a messaging application. The following are not considered a "robocall": (i) a voice communication made with the prior express written consent of the telephone subscriber that delivers artificial, artificially generated, or prerecorded voice messages, in whole or in part, including, but not limited to, telephone calls utilizing soundboard technology and ringless voicemail messages, and (ii) text messages sent with the prior express written consent of the telephone subscriber received by a telephone subscriber through a messaging application.
(7c) Robocaller. Any person doing business in this State that, directly or through others, makes, attempts to make, causes to be made, or otherwise provides or knows or consciously avoids knowing that they provide substantial assistance or support for making robocalls.
(8) Telemarketing Sales Rule. The federal regulation promulgated by the Federal Trade Commission, 16 C.F.R. Part 310 (January 29, 2003 Edition), as amended, to implement the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101‑6108, as amended.
(9) Telephone solicitation. A voice or text communication, whether prerecorded, live, or a facsimile, over a telephone line or wireless telephone network or via a commercial mobile radio service that is made by a telephone solicitor to a telephone subscriber for the purpose of soliciting or encouraging the purchase or rental of, or investment in, property, goods, or services; obtaining or providing information that will or may be used for that purpose; soliciting or encouraging a telephone subscriber's participation in any contest, sweepstakes, raffle, or lottery, whether legal or illegal; or obtaining a charitable donation. "Telephone solicitation" also includes those transactions that are defined as "telemarketing" under the Telemarketing Sales Rule.
(10) Telephone solicitor. Any
individual, business establishment, business, or other legal entity person
doing business in this State that, directly or through salespersons or
agents, makes or makes, attempts to make make, causes
to be made, or otherwise provides or knows or consciously avoids knowing that
they provide substantial assistance or support for making telephone solicitations
or causes telephone solicitations to be made. solicitations. "Telephone
solicitor" also includes any party defined as a "telemarketer"
under the Telemarketing Sales Rule.
(11) Telephone subscriber. An individual who subscribes to a residential telephone service from a local exchange company, a competing local provider certified to do business in North Carolina, or a wireless telephone company; or the individuals living or residing with that individual.
(12) Unsolicited telephone call. A voice or text
communication, whether prerecorded, live, or a facsimile, over a telephone line
or wireless telephone network or via a commercial mobile radio service that is
made by a person to a telephone subscriber without prior express invitation or
permission.
"§ 75‑102. Restrictions on telephone solicitations.
(f) No telephone solicitor shall make a telephone solicitation before 8:00 A.M. or after 9:00 P.M.
(h) No telephone solicitor or robocaller shall engage in threats, intimidation, or the use of profane or obscene language.
(i) No telephone solicitor shall cause misleading
information to be transmitted to users of caller identification technologies or
otherwise block or misrepresent the origin of the telephone solicitation. No
provider of telephone caller identification services shall be held liable for violations
of this subsection committed by other individuals or entities. It is not a
violation of this subsection for a telephone solicitor to utilize the name and
number of the entity the solicitation is being made on behalf of rather than
the name and number of the telephone solicitor.
(k) Nothing in this section
prohibits a telephone solicitor from contacting by nontelephonic notice a
telephone subscriber whose telephone number appears in the "Do Not
Call" Registry to obtain the telephone subscriber's express invitation
or permission prior express written consent allowing the telephone
solicitor to make telephone solicitations to the telephone subscriber. A
telephone solicitor shall not contact a telephone subscriber by telephone to
obtain this express invitation or permission.prior express written
consent.
(l) Nothing in this
section prohibits a telephone solicitor from advertising in a general medium or
contacting by nontelephonic notice a telephone subscriber whose telephone
number appears in the "Do Not Call" Registry to encourage the
telephone subscriber to initiate telephone calls to the telephone solicitor. A
telephone solicitor shall not contact a telephone subscriber by telephone to
obtain this express invitation or permission.prior express written
consent.
"§ 75‑103. Limited exceptions.
(a) G.S. 75‑102(a) does not apply to any of the following telephone solicitations that are made:
(1) To any telephone
subscriber with the telephone subscriber's prior express invitation or
permission.prior express written consent.
(e) In any dispute regarding
whether a telephone subscriber has provided an express invitation or
permission prior express written consent under subsection (a) of
this section, the telephone solicitor has the burden of proving that the
telephone subscriber has provided this permission consent by
producing the original document, a facsimile document, or an electronic form,
signed by the telephone subscriber, or other authentication that evidences permission.
consent. A telephone subscriber may subsequently retract express
invitation or permission prior express written consent by indicating
a desire not to receive further telephone solicitations under G.S. 75‑102(b).
"§ 75‑104. Restrictions on use of automatic
dialing and recorded message players.robocalls.
(a) Except as provided in
this section, no person may use an automatic dialing and recorded message
player to make an unsolicited telephone call.make a robocall to a
telephone number.
(b) Notwithstanding
subsection (a) of this section, a person may use an automatic dialing and
recorded message player to make an unsolicited telephone call make a
robocall only under one or more of the following circumstances:
(1) All of the following are satisfied:
a. The person making the call
robocall is any of the following:
1. A tax‑exempt charitable or civic organization.
2. A political party or political candidate.
3. A governmental official.
4. An opinion polling organization, radio station, television station, cable television company, or broadcast rating service conducting a public opinion poll.
b. No part of the call robocall
is used to make a telephone solicitation.
c. The person making the call
robocall clearly identifies the person's name and contact
information and the nature of the unsolicited telephone call.robocall.
(2) Prior to the playing of
the recorded message, robocall, a live operator complies with
G.S. 75‑102(c), states the nature and length in minutes of the
recorded message, and asks for and receives prior approval to play the recorded
message from the person receiving the call.
(3) The unsolicited
telephone call robocall is in connection with an existing debt or
contract for which payment or performance has not been completed at the time of
the unsolicited telephone call, robocall, and both of the
following are satisfied:
a. No part of the call robocall
is used to make a telephone solicitation.
b. The person making the call
robocall clearly identifies the person's name and contact
information and the nature of the unsolicited telephone call.robocall.
(4) The unsolicited
telephone call robocall is placed by a person with whom the
telephone subscriber has made an appointment, provided that the call robocall
is conveying information only about the appointment, or by a utility,
telephone company, cable television company, satellite television company, or
similar entity for the sole purpose of conveying information or news about
network outages, repairs or service interruptions, and confirmation calls robocalls
related to restoration of service, and both of the following are satisfied:
a. No part of the call robocall
is used to make a telephone solicitation.
b. The person making the call
robocall clearly identifies the person's name and contact
information and the nature of the unsolicited telephone call.robocall.
(5) The person plays the recorded
message robocall in order to comply with section 16 C.F.R. Part
310.4(b)(4) of the Telemarketing Sales Rule.
(6) The unsolicited
telephone call robocall is placed by, or on behalf of, a health
insurer as defined in G.S. 58‑51‑115(a)(2) from whom the
telephone subscriber or other covered family member of the health insurer
receives health care coverage or the administration of such coverage, provided
that the call robocall is conveying information related to the
telephone subscriber or family member's health care, preventive services, medication
or other covered benefits, and both of the following are satisfied:
a. No part of the call robocall
is used to make a telephone solicitation.
b. The person making the call
robocall clearly identifies the person's name and contact
information and the nature of the unsolicited telephone call.robocall.
(7) No part of the call robocall
is used to make a telephone solicitation, the person making the call robocall
clearly identifies the person's contact information and the nature of the unsolicited
telephone call, robocall, and the sole purpose of the unsolicited
telephone call robocall is to protect the public health, safety, or
welfare, by informing the telephone subscriber of any of the following:
a. That the telephone
subscriber has purchased a product that is subject to a recall by the product's
manufacturer, distributor or retailer, or by the federal Consumer Product
Safety Commission or another government agency or department with legal
authority to recall the product which is the subject of the call, robocall,
due to safety or health concerns, provided that (i) there is a reasonable
basis to believe that the telephone subscriber has purchased the product, and
(ii) the message complies with any requirements imposed by any government
agency instituting the recall.
b. That the telephone
subscriber may have received a prescription or over‑the‑counter
medication that is subject to a recall by the product's manufacturer,
distributor or retailer, or by the federal Food and Drug Administration or
another government agency or department with legal authority to recall the
product which is the subject of the call, robocall, due to safety
or health concerns, provided that (i) the call robocall and its
message comply with the requirements of the Health Insurance Portability and
Accountability Act (P.L. 104‑191) (HIPAA) and any corresponding
regulations pertaining to privacy, (ii) there is a reasonable basis to believe
that the telephone subscriber has purchased or received the medication, and
(iii) the message complies with any requirements imposed by the government
agency or product manufacturer, distributor, or retailer instituting the
recall.
c. That the telephone
subscriber has not picked up a filled prescription drug for which a valid
prescription is on file with a pharmacy licensed pursuant to G.S. 90‑85.21
and the telephone subscriber requested that the prescription be filled,
provided that the call robocall and its message comply with the
requirements of the Health Insurance Portability and Accountability Act (P.L.
104‑191) (HIPAA) and any corresponding regulations pertaining to privacy.
(8) The call robocall
is generated from a court proceeding notification system established by the
Administrative Office of the Courts.
"§ 75‑104A. Restrictions on spoofing and impersonating government officials.
(a) No telephone solicitor or robocaller shall cause misleading information to be transmitted to users of caller identification technologies or otherwise block or misrepresent the origin of a telephone solicitation or robocall with the intent to defraud, confuse, cause harm, or wrongfully obtain anything of value, including, but not limited to, personal information. No provider of telephone caller identification services shall be held liable for violations of this subsection committed by other individuals or entities. It is not a violation of this subsection for a telephone solicitor to utilize the name and number of the entity the solicitation is being made on behalf of rather than the name and number of the telephone solicitor.
(b) No telephone solicitor or robocaller shall impersonate any federal, State, or local government official, law enforcement professional, or government agency in order to defraud, confuse, or financially or otherwise injure the telephone subscriber or in order to obtain personal information from the telephone subscriber that may be used in a fraudulent or unlawful manner.
"§ 75‑105. Enforcement.
(a) The Attorney General may investigate any complaints received alleging violation of this Article. If the Attorney General finds that there has been a violation of this Article, the Attorney General may bring an action to impose civil penalties and to seek any other appropriate relief pursuant to this Chapter, including equitable relief to restrain the violation. If the Attorney General brings an action on behalf of telephone subscribers pursuant to subsection (b) of this section, the Attorney General may not seek treble damages on behalf of telephone subscribers pursuant to G.S. 75‑16. Actions for civil penalties under this section shall be consistent with the provisions of this Chapter except that the penalty imposed for a violation of this Article shall be either of the following:
(1) Five hundred dollars ($500.00) for the first violation, one thousand dollars ($1,000) for the second violation, and five thousand dollars ($5,000) for the third and any other violation that occurs within two years of the first violation.
(2) One hundred dollars ($100.00) for each violation within two years of the first violation, if the solicitor or robocaller can show that the violations are the result of a mistake and the telephone solicitor or robocaller either made the telephone solicitation or robocall under G.S. 75‑103(a)(1), (2), (3), (4), and (5), or can show that the telephone solicitor complied with G.S. 75‑102(d). This subsection does not apply if the telephone solicitor or robocaller violated G.S. 75‑104A.
If a single call violates multiple provisions of this Article, penalties shall be assessed for each violation of the provisions of this Article caused by that call.
(a1) There is a rebuttable presumption that a telephone subscriber with a North Carolina area code is a North Carolina resident or in North Carolina at the time a telephone solicitation or robocall is made.
(b) A telephone subscriber who has received a robocall or a telephone solicitation from or on behalf of a telephone solicitor or robocaller in violation of this Article may bring any of the following actions in civil court:
(1) An action to enjoin
further violations of this Article by the telephone solicitor.solicitor
or robocaller.
(2) An action to recover five hundred dollars ($500.00) for the first violation, one thousand dollars ($1,000) for the second violation, and five thousand dollars ($5,000) for the third and any other violation that occurs within two years of the first violation.
If a single call violates multiple provisions of this Article, penalties shall be assessed for each violation of the provisions of this Article caused by that call.
(c) No action may be brought under subsection (b) of this section if the violations are a result of mistake and the telephone solicitor either made the telephone solicitation under G.S. 75‑103(a)(1), (2), (3), (4), and (5), or can show that the telephone solicitor complied with G.S. 75‑102(d). An action may be brought under subsection (b) of this section if the telephone solicitor or robocaller violated G.S. 75‑104A.
."
SECTION 2. G.S. 75‑115(3) reads as rewritten:
"(3) Unsolicited advertisement. Any material
advertising the commercial availability or quality of any property, goods, or
services that is transmitted to any person or entity without that person's or
entity's prior express invitation or permission. prior express
written consent. Prior express invitation or permission may be obtained
for a specific or unlimited number of advertisements and may be obtained for a
specific or unlimited period of time.written consent may be obtained in
accordance with G.S. 75‑101."
SECTION 3. This act becomes effective October 1, 2026, and applies, for causes of action, to telephone solicitations in violation of this act occurring on or after that date.