§ 399-z. Telemarketing; establishment of no telemarketing sales calls\nstatewide registry; authorization of the transfer of telephone numbers\non the no telemarketing sales calls statewide registry to the national\n"do-not-call" registry. 1. As used in this section, the following terms\nshall have the following meanings:\n a. "Department" shall mean the department of state.\n b. "Secretary" shall mean the secretary of state.\n c. "Customer" means any natural person who is a resident of this state\nand who is or may be required to pay for or to exchange consideration\nfor goods and services offered through telemarketing;\n d. "Doing business in this state" means conducting telephonic sales\ncalls: (i) from a location in this state; or (ii) from a location\noutside of this state to consumers residing in this state;\n e. "Goods and services" means any goods and services, and shall\ninclude any real property or any tangible personal property or services\nof any kind;\n f. "Negative option feature" means, in an offer or agreement to sell\nor provide any goods or services, a provision under which the customer's\nsilence or failure to take an affirmative action to reject such goods or\nservices or to cancel the agreement is interpreted by the seller as\nacceptance of the offer.\n g. "Person" means any natural person, association, partnership, firm,\ncorporation and its affiliates or subsidiaries or other business entity;\n h. "Telemarketer" means any person who, for financial profit or\ncommercial purposes in connection with telemarketing, makes\ntelemarketing sales calls or electronic messaging texts to a customer\nwhen the customer is in this state or any person who directly controls\nor supervises the conduct of a telemarketer. For the purposes of this\nsection, "commercial purposes" shall mean the sale or offer for sale of\ngoods or services;\n i. "Telemarketing" means any plan, program or campaign that is\nconducted to induce payment or the exchange of any other consideration\nfor any goods or services that involves more than one telephone call or\nelectronic messaging text by a telemarketer in which the customer is\nlocated within the state at the time of the call. Telemarketing does not\ninclude the solicitation of sales through media other than by telephone\ncalls or electronic messaging texts and does not include calls or\nelectronic messaging texts intended to implement or complete a\ntransaction to which the customer has previously consented;\n j. "Telemarketing sales call" means a telephone call or electronic\nmessaging text made directly or indirectly by a telemarketer or by any\noutbound telephone calling technology that delivers a prerecorded\nmessage to a customer or to a customer's voicemail or answering machine\nservice, in which such telephone call or electronic messaging text is\nfor the purpose of inducing payment or the exchange of any other\nconsideration for any goods or services;\n k. "Unsolicited telemarketing sales call" means any telemarketing\nsales call or electronic messaging text other than:\n (i) in response to an express written or verbal request by the\ncustomer; or\n (ii) in connection with an established business relationship, which\nhas not been terminated by either party, unless such customer has stated\nto the telemarketer that such customer no longer wishes to receive the\ntelemarketing sales calls of such telemarketer;\n l. "Caller identification information" means information provided by a\ncaller identification service regarding the telephone number and name of\nthe person calling;\n m. "Caller identification service" means a service that allows a\ntelephone subscriber to have the telephone number, and, where available,\nname of the calling party transmitted contemporaneously with the\ntelephone call, and displayed on a device in or connected to the\nsubscriber's telephone; and\n n. "Electronic messaging text" means real-time or near real-time\nnon-voice messages in text for
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