§15-775C.2. Definitions.
342 words·~2 min read·
/ok/title-15-contracts/15-775c-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in the Telephone Solicitation Act of 2022:
1. "Called party" means a person who is the regular user of the telephone number that receives a commercial telephonic sales call;
2. "Caller identification service" means a service that allows a telephone subscriber to have the telephone number and, where available, the name of the calling party transmitted contemporaneously with the telephone call and displayed on a device in or connected to the subscriber's telephone;
3. "Prior express written consent" means a written agreement that:
a. bears the signature of the called party,
b. clearly authorizes the person making or allowing the
placement of a commercial telephonic sales call by
telephone call, text message, or voicemail
transmission to deliver or cause to be delivered to
the called party a commercial telephonic sales call
using an automated system for the selection or dialing
of telephone numbers, the playing of a recorded
message when a connection is completed to a number
called, or the transmission of a prerecorded
voicemail,
c. includes the telephone number to which the signatory
authorizes a commercial telephonic sales call to be
delivered, and
d. includes a clear and conspicuous disclosure informing
the called party that:
(1)by executing the agreement, the called party
authorizes the person making or allowing the
placement of a commercial telephonic sales call
to deliver or cause to be delivered a commercial
telephonic sales call to the called party using
an automated system for the selection or dialing
of telephone numbers or the playing of a recorded
message when a connection is completed to a
number called, and
(2)he or she is not required to sign the written
agreement directly or indirectly or to agree to
enter into such an agreement as a condition of
purchasing any property, goods, or services; and
4. "Signature" includes an electronic or digital signature, to the extent that such form of signature is recognized as a valid signature under applicable federal law or state contract law. Added by Laws 2022, c. 290, § 2, eff. Nov. 1, 2022.