§ 75-101. Definitions. - North Carolina Statutes

§ 75‑101.  Definitions.

The following definitionsapply in this Article:

(1)        Affiliate. – Abusiness establishment, business, or other legal entity that wholly orsubstantially owns, is wholly or substantially owned by, or is under commonownership with a telephone solicitor.

(2)        Automatic dialingand recorded message player. – Any automatic equipment that incorporates astorage capability of telephone numbers to be called or a random or asequential number generator capable of producing numbers to be called that,working alone or in conjunction with other equipment, disseminates aprerecorded message to the telephone number called.

(3)        "Do NotCall" Registry. – The registry created and maintained by the Federal TradeCommission pursuant to the Telemarketing Sales Rule. It also means any othertelemarketing registry created by the federal government, including the FederalCommunications Commission. It also means any registry created by the AttorneyGeneral pursuant to G.S. 75‑102(n).

(4)        Doing business inthis State. – To make or cause to be made any telephone solicitation to NorthCarolina telephone subscribers, whether the telephone solicitations are madefrom a location inside North Carolina or outside North Carolina.

(5)        Established businessrelationship. – A relationship between a seller and a consumer based on:

a.         The consumer'spurchase, rental, or lease of the seller's goods or services or a financialtransaction between the consumer and the seller or one or more of itsaffiliates within the 18 months immediately preceding the date of a telephonesolicitation; or

b.         The consumer'sinquiry or application regarding a product or service offered by the sellerwithin the three months immediately preceding the date of a telephonesolicitation.

(6)        Express invitationor permission. – Any invitation or permission that is registered by thetelephone subscriber on an independent form and that contains the telephonenumber to which calls can be placed and the signature of the telephonesubscriber. The form may be completed and signed electronically.

(7)        Person. – Anyindividual, business establishment, business, or other legal entity.

(8)        Telemarketing SalesRule. – The federal regulation promulgated by the Federal Trade Commission, 16C.F.R. Part 310 (January 29, 2003 Edition), as amended, to implement theTelemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101‑6108,as amended.

(9)        Telephonesolicitation. – A voice communication, whether prerecorded, live, or afacsimile, over a telephone line or wireless telephone network or via acommercial mobile radio service that is made by a telephone solicitor to atelephone subscriber for the purpose of soliciting or encouraging the purchaseor rental of, or investment in, property, goods, or services; obtaining orproviding information that will or may be used for that purpose; soliciting orencouraging a telephone subscriber's participation in any contest, sweepstakes,raffle, or lottery, whether legal or illegal; or obtaining a charitabledonation. "Telephone solicitation" also includes those transactionsthat are defined as "telemarketing" under the Telemarketing SalesRule.

(10)      Telephone solicitor.– Any individual, business establishment, business, or other legal entity doingbusiness in this State that, directly or through salespersons or agents, makesor attempts to make telephone solicitations or causes telephone solicitationsto be made. "Telephone solicitor" also includes any party defined asa "telemarketer" under the Telemarketing Sales Rule.

(11)      Telephone subscriber.– An individual who subscribes to a residential telephone service from a localexchange company, a competing local provider certified to do business in NorthCarolina, or a wireless telephone company; or the individuals living or residingwith that individual.

(12)      Unsolicited telephonecall. – A voice communication, whether prerecorded, live, or a facsimile, overa telephone line or wireless telephone network or via a commercial mobile radioservice that is made by a person to a telephone subscriber without priorexpress invitation or permission. (2003‑411, s. 3.)