House Journal: Page 1002: Monday, April 2, 2001
4 been completed at the time of such call.
5 c. To a person with whom the telephone solicitor
6 has an existing business relationship.
7 d. To a residential subscriber if the telephone
8 solicitation is made on behalf of a not-for-profit
9 organization exempt from paying taxes under section
10 501(c) of the Internal Revenue Code, and if a bona
11 fide member of the exempt organization directly makes
12 such communication, and does not contract with a
13 telemarketing firm or other third party to make the
14 calls.
15 e. By a person licensed pursuant to chapter 543B
16 who calls an actual or prospective seller or lessor of
17 real property if the call is made in response to a
18 yard sign or other form of real estate sales
19 advertisement placed by the seller or lessor.
20 Sec. 2. NEW SECTION. 476B.2 RESTRICTIONS ON THE
21 USE OF CERTAIN TELEMARKETING EQUIPMENT.
22 1. A person shall not do any of the following:
23 a. Utilize any ADAD equipment, predictive dialing
24 technology, or autodialer to call any person
25 registered on the do-not-call list maintained pursuant
26 to section 476B.3.
27 b. Call any person registered on the do-not call
28 list maintained pursuant to section 476B.3 while the
29 person is performing paid telephone solicitation
30 services pursuant to contract, including payment by
31 acceptance of a percentage of any charitable donations
32 collected by the person while performing telephone
33 solicitation services.
34 c. Operate any ADAD equipment, predictive dialing
35 technology, or autodialers in a manner that
36 intentionally impedes or prevents the function of a
37 recipient's caller identification if the caller's
38 existing equipment is capable of allowing the display
39 of the caller's telephone number or identity.
40 2. a. Except as provided in paragraph "b", a
41 person shall not use, employ, or direct another person
42 to use, or contract for the use of, ADAD equipment.
43 b. Except for ADAD equipment that randomly or
44 sequentially selects the telephone numbers for
45 calling, the prohibition in paragraph "a" does not
46 apply to any of the following, provided that the
47 telephone numbers selected for automatic dialing have
48 been screened to exclude any consumer who is included
49 on the do-not-call list pursuant to section 476B.3 or
50 who has an unlisted telephone number, unless the calls
Page 4
1 made concern a good or service that has been
2 previously ordered or purchased:

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