H.B. 682
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 18, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40378-MC-18
Short Title: Strengthen Do Not Call/Text Registry. (Public)
Sponsors: Representative Harrison.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO STRENGTHEN THE DO NOT CALL/DO NOT TEXT REGISTRY.
3 The General Assembly of North Carolina enacts:
4 SECTION 1. G.S. 75-101 reads as rewritten:
5 "§ 75-101. Definitions.
6 The following definitions apply in this Article:
7 …
8 (9) Telephone solicitation. – A voice or text communication, whether
9 prerecorded, live, or a facsimile, over a telephone line or wireless telephone
10 network or via a commercial mobile radio service that is made by a telephone
11 solicitor to a telephone subscriber for the purpose of soliciting or encouraging
12 the purchase or rental of, or investment in, property, goods, or services;
13 obtaining or providing information that will or may be used for that purpose;
14 soliciting or encouraging a telephone subscriber's participation in any contest,
15 sweepstakes, raffle, or lottery, whether legal or illegal; creating a lead or
16 referral for which the solicitor will receive or hopes to receive compensation;
17 or obtaining a charitable donation. "Telephone solicitation" also includes
18 those transactions that are defined as "telemarketing" under the Telemarketing
19 Sales Rule.
20 (10) Telephone solicitor. – Any individual, business establishment, business, or
21 other legal entity doing business in this State that, directly or through
22 salespersons or salespersons, agents, subagents, contractors, or other
23 third-party vendors, makes or attempts to make telephone solicitations or
24 causes telephone solicitations to be made. "Telephone solicitor" also includes
25 any party defined as a "telemarketer" under the Telemarketing Sales Rule. The
26 term also includes any party that receives a sales lead or inbound call from a
27 telephone subscriber and knows or has reason to know that the lead or inbound
28 call from the subscriber was generated by a telephone call.
29 …."
30 SECTION 2. G.S. 75-102 reads as rewritten:
31 "§ 75-102. Restrictions on telephone solicitations.
32 …
33 (c) Any telephone solicitor who makes a telephone solicitation shall do all of the
34 following:
35 …
*DRH40378-MC-18*
 General Assembly Of North Carolina Session 2023
1 (5) Notwithstanding subdivision (3) of this subsection, if a telephone solicitor
2 relies on the established business relationship of an affiliate to solicit a
3 residential telephone subscriber whose telephone number is listed in the latest
4 edition of the "Do Not Call" Registry and the person called communicates a
5 desire to receive no further telephone solicitations from the telephone
6 solicitor, the telephone solicitor shall take all steps necessary to remove that
7 telephone subscriber's telephone number from the contact lists of the
8 telephone solicitor and that affiliate, unless the telephone subscriber indicates
9 otherwise, and the telephone solicitor and that affiliate shall stop calling the
10 telephone subscriber at that number within 60 30 business days.
11 …."
12 SECTION 3. G.S. 75-104 reads as rewritten:
13 "§ 75-104. Restrictions on use of automatic dialing and recorded message players.
14 (a) Except as provided in this section, no person person, whether directly or through a
15 salesperson, agent, subagent, contractor, or third-party vendor, may use an automatic dialing and
16 recorded message player to make an unsolicited telephone call.
17 …
18 (c) Any party that knows or has reason to know that the sales leads or inbound telephone
19 calls it is receiving or accepting were generated by calls placed by another party or parties in
20 violation of subsection (a) of this section shall be jointly liable under this act with said party or
21 parties for each call or lead that is received or accepted."
22 SECTION 4. This act is effective when it becomes law.
Page 2 DRH40378-MC-18


Statutes affected:
Filed: 75-101, 75-102, 75-104
Edition 1: 75-101, 75-102, 75-104