§ 75-115. Definitions. - North Carolina Statutes

Article 5.

Unsolicited Facsimiles.

§ 75‑115.  Definitions.

The following definitionsapply in this Article:

(1)        Established businessrelationship. –

a.         A relationshipbetween a seller and a consumer based on:

1.         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 anunsolicited advertisement; or

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

b.         A relationshipbetween a tax‑exempt nonprofit organization and a person based on:

1.         The person'sassociation with the tax‑exempt nonprofit organization as a member,contributor, or volunteer of the tax‑exempt nonprofit organization withinthe 18 months immediately preceding the date of an unsolicited advertisement;

2.         The person'ssubscription to or use of the services of the tax‑exempt nonprofitorganization within the 18 months immediately preceding the date of anunsolicited advertisement; or

3.         The person's inquiryregarding the tax‑exempt nonprofit organization within the three monthsimmediately preceding the date of an unsolicited advertisement.

(2)        Telephone facsimilemachine. – Equipment that has the capacity to do either or both of thefollowing:

a.         Transcribe text orimages or both from paper into an electronic signal and to transmit that signalover a regular telephone line.

b.         Transcribe text orimages or both from an electronic signal received over a regular telephone lineonto paper.

(3)        Unsolicitedadvertisement. – Any material advertising the commercial availability orquality of any property, goods, or services that is transmitted to any personor entity without that person's or entity's prior express invitation orpermission. Prior express invitation or permission may be obtained for aspecific or unlimited number of advertisements and may be obtained for aspecific or unlimited period of time. (2006‑207, s. 1.)