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House Journal: Page 1263: Tuesday, April 9, 2002

36 good or service.
37 e. Obtaining information that will or may be used
38 for the direct solicitation of a sale of a consumer
39 good or service or an offer of extension of credit for
40 such purpose.
41 f. Soliciting a donation for any group,
42 organization, or purpose.
43 16. "Telephone solicitor" means a person doing
44 business in this state, who makes or causes to be made
45 a telephone solicitation, including, but not limited
46 to, calls made by use of ADAD equipment, predictive
47 dialing technology, or an autodialer.
48 17. "Unsolicited telephone solicitation" means a
49 telephone solicitation other than a telephone call
50 made as follows:

Page 3

1 a. In response to an express request of the person
2 called.
3 b. Primarily in connection with an existing debt
4 or contract, payment, or performance of which has not
5 been completed at the time of such call.
6 c. To a person with whom the telephone solicitor
7 has an existing business relationship.
8 d. To a residential subscriber if the telephone
9 solicitation is made on behalf of a not-for-profit
10 organization exempt from paying taxes under section
11 501(c) of the Internal Revenue Code, and if a bona
12 fide member of the exempt organization directly makes
13 such call, and does not contract with a telemarketing
14 firm or other third party to make the call.
15 e. By a person licensed pursuant to chapter 543B
16 who makes a telephone call to an actual or prospective
17 seller or lessor of real property if the call is made
18 in response to a yard sign or other form of real
19 estate sales advertisement placed by the seller or
20 lessor.
21 Sec. . NEW SECTION. 476B.2 RESTRICTIONS ON
22 THE USE OF CERTAIN TELEMARKETING EQUIPMENT.
23 1. A person shall not do any of the following:
24 a. Utilize any ADAD equipment, predictive dialing
25 technology, or autodialer to call any person
26 registered on the do-not-call list maintained pursuant
27 to section 476B.3.
28 b. Make a telephone call to any person registered
29 on the do-not call list maintained pursuant to section
30 476B.3 while the person who is making the call is
31 performing paid telephone solicitation services
32 pursuant to contract, including payment by acceptance
33 of a percentage of any charitable donations collected
34 by the person while performing telephone solicitation


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