Sec. 64.1200  Delivery restrictions.

    (a) No person may:
    (1) Initiate any telephone call (other than a call made for 
emergency purposes or made with the prior express consent of the called 
party) using an automatic telephone dialing system or an artificial or 
prerecorded voice,
    (i) To any emergency telephone line, including any 911 line and any 
emergency line of a hospital, medical physician or service office, 
health care facility, poison control center, or fire protection or law 
enforcement agency;
    (ii) To the telephone line of any guest room or patient room of a 
hospital, health care facility, elderly home, or similar establishment; 
or
    (iii) To any telephone number assigned to a paging service, cellular 
telephone service, specialized mobile radio service, or other radio 
common carrier service, or any service for which the called party is 
charged for the call;

[[Page 196]]

    (2) Initiate any telephone call to any residential telephone line 
using an artificial or prerecorded voice to deliver a message without 
the prior express consent of the called party, unless the call is 
initiated for emergency purposes or is exempted by Sec. 64.1200(c) of 
this section.
    (3) Use a telephone facsimile machine, computer, or other device to 
send an unsolicited advertisement to a telephone facsimile machine.
    (4) Use an automatic telephone dialing system in such a way that two 
or more telephone lines of a multi-line business are engaged 
simultaneously.
    (b) For the purpose of Sec. 64.1200(a) of this section, the term 
emergency purposes means calls made necessary in any situation affecting 
the health and safety of consumers.
    (c) The term telephone call in Sec. 64.1200(a)(2) of this section 
shall not include a call or message by, or on behalf of, a caller:
    (1) That is not made for a commercial purpose,
    (2) That is made for a commercial purpose but does not include the 
transmission of any unsolicited advertisement,
    (3) To any person with whom the caller has an established business 
relationship at the time the call is made, or
    (4) Which is a tax-exempt nonprofit organization.
    (d) All artificial or prerecorded telephone messages delivered by an 
automatic telephone dialing system shall:
    (1) At the beginning of the message, state clearly the identity of 
the business, individual, or other entity initiating the call, and
    (2) During or after the message, state clearly the telephone number 
(other than that of the autodialer or prerecorded message player which 
placed the call) or address of such business, other entity, or 
individual.
    (e) No person or entity shall initiate any telephone solicitation to 
a residential telephone subscriber:
    (1) Before the hour of 8 a.m. or after 9 p.m. (local time at the 
called party's location), and
    (2) Unless such person or entity has instituted procedures for 
maintaining a list of persons who do not wish to receive telephone 
solicitations made by or on behalf of that person or entity. The 
procedures instituted must meet the following minimum standards:
    (i) Written policy. Persons or entities making telephone 
solicitations must have a written policy, available upon demand, for 
maintaining a do-not-call list.
    (ii) Training of personnel engaged in telephone solicitation. 
Personnel engaged in any aspect of telephone solicitation must be 
informed and trained in the existence and use of the do-not-call list.
    (iii) Recording, disclosure of do-not-call requests. If a person or 
entity making a telephone solicitation (or on whose behalf a 
solicitation is made) receives a request from a residential telephone 
subscriber not to receive calls from that person or entity, the person 
or entity must record the request and place the subscriber's name and 
telephone number on the do-not-call list at the time the request is 
made. If such requests are recorded or maintained by a party other than 
the person or entity on whose behalf the solicitation is made, the 
person or entity on whose behalf the solicitation is made will be liable 
for any failures to honor the do-not-call request. In order to protect 
the consumer's privacy, persons or entities must obtain a consumer's 
prior express consent to share or forward the consumer's request not to 
be called to a party other than the person or entity on whose behalf a 
solicitation is made or an affiliated entity.
    (iv) Identification of telephone solicitor. A person or entity 
making a telephone solicitation must provide the called party with the 
name of the individual caller, the name of the person or entity on whose 
behalf the call is being made, and a telephone number or address at 
which the person or entity may be contacted. If a person or entity makes 
a solicitation using an artificial or prerecorded voice message 
transmitted by an autodialer, the person or entity must provide a 
telephone number other than that of the autodialer or prerecorded 
message player which placed the call. The telephone number provided may 
not be a 900 number or any other number for which charges

[[Page 197]]

exceed local or long distance transmission charges.
    (v) Affiliated persons or entities. In the absence of a specific 
request by the subscriber to the contrary, a residential subscriber's 
do-not-call request shall apply to the particular business entity making 
the call (or on whose behalf a call is made), and will not apply to 
affiliated entities unless the consumer reasonably would expect them to 
be included given the identification of the caller and the product being 
advertised.
    (vi) Maintenance of do-not-call lists. A person or entity making 
telephone solicitations must maintain a record of a caller's request not 
to receive future telephone solicitations. A do not call request must be 
honored for 10 years from the time the request is made.
    (f) As used in this section:
    (1) The terms automatic telephone dialing system and autodialer mean 
equipment which has the capacity to store or produce telephone numbers 
to be called using a random or sequential number generator and to dial 
such numbers.
    (2) The term telephone facsimile machine means equipment which has 
the capacity to transcribe text or images, or both, from paper into an 
electronic signal and to transmit that signal over a regular telephone 
line, or to transcribe text or images (or both) from an electronic 
signal received over a regular telephone line onto paper.
    (3) The term telephone solicitation means the initiation of a 
telephone call or message for the purpose of encouraging the purchase or 
rental of, or investment in, property, goods, or services, which is 
transmitted to any person, but such term does not include a call or 
message:
    (i) To any person with that person's prior express invitation or 
permission;
    (ii) To any person with whom the caller has an established business 
relationship; or
    (iii) By or on behalf of a tax-exempt nonprofit organization.
    (4) The term established business relationship means a prior or 
existing relationship formed by a voluntary two-way communication 
between a person or entity and a residential subscriber with or without 
an exchange of consideration, on the basis of an inquiry, application, 
purchase or transaction by the residential subscriber regarding products 
or services offered by such person or entity, which relationship has not 
been previously terminated by either party.
    (5) The term unsolicited advertisement means any material 
advertising the commercial availability or quality of any property, 
goods, or services which is transmitted to any person without that 
person's prior express invitation or permission.

[ 57 FR 48335 , Oct. 23, 1992;  57 FR 53293 , Nov. 9, 1992, as amended at  60 FR 42069 , Aug. 15, 1995]