Sec. 42-289. Prohibitions re voice communications and telephonic sales calls. Exceptions. Rebuttable presumption. Civil penalty. Unfair trade practice.
323 words·~1 min read·
/ct/title-42/chapter-743m-telemarketing/42-289·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)As used in this section, “terminating provider” means a telecommunications provider upon whose network a voice communication terminates to a call recipient or end user.
(1)Except as provided in subdivision
(2)of this subsection, no person, including, but not limited to, a telemarketer, shall p rovide substantial assistance or support to the initiator of a voice communication or telephonic sales call that enables the initiator to initiate, originate, route or transmit the voice communication or telephonic sales call if such person knows, or avoids knowing, that such initiator is engaged, or intends to engage, in fraud or any practice that violates any provision of this section, sections 42-284 to 42-288b , inclusive, or chapter 735a.
(2)No provision of subdivision
(1)of this subsection shall be construed to prohibit:
(A)Any person from designing, manufacturing or distributing any component, product or technology that has a commercially significant use other than circumventing or violating the provisions of this section;
(B)Any telecommunications provider or other entity from providing access to the Internet for the purpose of excluding initiation of a voice communication or text message; or
(C)Any terminating provider from taking any action concerning completion of a voice communication.
(c)There shall be a rebuttable presumption that a voice communication or telephonic sales call made, or any attempt to make a voice communication or telephonic sales call, in violation of subsection
(b)of this section has taken place in this state if such voice communication or telephonic sales call is made to any telephone number with a Connecticut area code or any person residing in this state.
(d)A violation of this section shall be deemed an unfair or deceptive trade practice under subsection
(a)of section 42-110b . In addition to any penalty imposed under chapter 735a, any person who violates any provision of this section shall be fined not more than twenty thousand dollars for each such violation.