§ 75-100. Findings. - North Carolina Statutes

Article 4.

Telephone Solicitations.

§ 75‑100.  Findings.

The General Assembly finds allof the following:

(1)        The use of thetelephone to market goods and services to the home is now pervasive due to theincreased use of cost‑effective telephone solicitation technologies andtechniques.

(2)        While some consumersenjoy and benefit from telephone solicitations from legitimate telephonesolicitors, many others object to these telephone solicitations as an intrusiveinvasion of their privacy in the home.

(3)        In addition, theproliferation of telephone solicitations, especially during the evening hours,creates a nuisance and a disturbance upon the home and family life of telephonesubscribers during a time of day used by many families for traditional familyactivities.

(4)        North Carolinaresidents should have the freedom to choose whether or not to permit telephonesolicitors to contact them.

(5)        Individual privacyrights, personal safety, prevention of fraud, and commercial freedom of speechand trade must be balanced in a way that protects the privacy of individualsand permits legitimate telephone solicitation practices.

(6)        Legitimate telephonesolicitors have no interest in continuing to invade the privacy of thosetelephone subscribers who affirmatively express their desires to receive nofurther telephone solicitations.

(7)        Many telephonesubscribers who have transacted business with firms that employ telephonesolicitations have experienced problems with their checking and credit cardaccounts being debited before they can evaluate the terms and conditions of thetransaction, before they can evaluate the merchandise or service to bedelivered, or without their agreement to enter into the transaction orauthorize such transactions in the first place. Other telephone subscribershave had unauthorized charges placed on their telephone bill and have had theirlong‑distance carrier switched without their authorization as a result oftelephone solicitations.

(8)        New technologiesthat make telephone solicitations more cost‑effective also allow for thecreation of a "Do Not Call" Registry through which North Carolinaconsumers can easily register their desires not to receive further telephonesolicitations and telephone solicitors can easily access and employ lists of consumerswho have registered those desires.

(9)        The public interestrequires an efficient mechanism for telephone subscribers to notify telephonesolicitors that their telephone numbers cannot be called and additionalprotections for North Carolina residents who enter into consumer transactionsinitiated through telephone solicitations. (2003‑411, s. 3.)