86-256. Automatic dialing-announcing device; registration required; when; message requirements; liability; filing required.

318 words·~1 min read·/ne/chapter-86/86-256

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any person using an automatic dialing-announcing device other than for telephone solicitations shall register the device with the commission pursuant to the application process, without a fee, and shall include with the application a detailed explanation of the use planned and the message to be used.

(2)All telephone messages transmitted by an automatic dialing-announcing device other than telephone solicitations shall:

(a)At the beginning of the message, state clearly the identity of the person on whose behalf the message is being transmitted;

(b)During or after the message, state clearly the telephone number, other than that of the device which made the call, or address of the person operating the device; and

(c)Transmit messages only between the hours of 8 a.m. and 9 p.m. at the location of the person receiving the message.

(3)This section does not apply to

(a)a message from any elementary, secondary, or postsecondary educational institution to any of its students, parents, or employees,

(b)a message to a person with whom the person placing the call or the person on whose behalf the message is being transmitted has an established business or personal relationship,

(c)a message from an employer advising any of its employees of work schedules, or

(d)a message from a political subdivision as defined in section 13-903 .

(4)A person contracting with a third party to connect or operate an automatic dialing-announcing device for other than telephone solicitations shall be jointly and severally liable with the third party for connecting and operating the automatic dialing-announcing device in violation of the Automatic Dialing-Announcing Devices Act or the rules and regulations adopted and promulgated under the act.

(5)A person contracting with a third party to connect or operate an automatic dialing-announcing device for other than telephone solicitations shall file with the commission the message to be used within twenty-four hours after the message is transmitted.