(a) For purposes of this article: (1) A âtelephone solicitorâ means any person or entity who, on his or her own behalf or through salespersons or agents, announcing devices, or otherwise, makes or causes a telephone call to be made to a California telephone number that does any of the following: (A) Seeks to offer a prize or to rent, sell, exchange, promote, gift, or lease goods or services or documents that can be used to obtain goods or services. (B) Offers or solicits or seeks to offer or solicit any extension of credit for personal, family, or household purposes. (C) Seeks marketing information that will or may be used for the direct solicitation of a sale of goods or services to the subscriber. (D) Seeks to sell or promote any investment, insurance, or financial services. (E) Seeks to make any telephone solicitation or attempted telephone solicitation as described in Section 17511.1. (2) âDo not callâ list means the California telephone numbers on the national âdo not callâ registry established and maintained by the Federal Trade Commission, as described in Section 310.4(b)(1)(iii)(B) of Title 16 of the Code of Federal Regulations. A âdo not callâ list is current if it was obtained from the Federal Trade Commission no more than three months prior to the date a call is made. (b) A person or entity does not necessarily qualify as a telephone solicitor if the products or services of the person or entity are sold or marketed by an independent contractor whose business practices are not controlled by the person or entity. (c) Except for telephone calls described in subdivision (e), beginning on the 31st day after the Federal Trade Commission makes its first âdo not callâ list available to telephone solicitors, no telephone solicitor shall call any telephone number on the then current âdo not callâ list and do any of the following: (1) Seek to offer a prize or to rent, sell, exchange, promote, gift, or lease goods or services or documents that can be used to obtain goods or services. (2) Offer or solicit or seek to offer or solicit any extension of credit for personal, family, or household purposes. (3) Seek marketing information that will or may be used for the direct solicitation of a sale of goods or services to the subscriber. (4) Seek to sell or promote any investment, insurance, or financial services. (5) Seek to make any telephone solicitation or attempted telephone solicitation as described in Section 17511.1. (d) No person or entity that sells, leases, exchanges, or rents telephone solicitation lists shall include in those lists those telephone numbers that appear on the current âdo not callâ list, except that this subdivision does not apply to lists used for directory assistance and numbers published in telephone directories that list substantially all publicly available telephone numbers in a specific geographic area. (e) Subdivision (c) shall not apply to any of the following: (1) Telephone calls made pursuant to the express agreement, in writing, of the subscriber to place calls to that California telephone number. This written agreement shall clearly evidence the personâs authorization that calls made by or on behalf of a specific party may be placed to that California telephone number, and shall include the signature of that person. In any dispute regarding whether a subscriber has provided this express written permission, the telephone solicitor has the burden of proving that the subscriber has provided this permission by producing the original or a facsimile document, signed by the subscriber, evidencing that permission; or an advertisement by the subscriber. âExpress agreementâ does not include any consent or permission included in any contract of adhesion. (2) Telephone calls made pursuant to the express request of the subscriber. âExpress requestâ may include a telephone call from a person or entity who has been provided the subscriberâs telephone number and name as a
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