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Unwanted Automated Telephone Call Act of 2011-Introduced
Unwanted Automated Telephone Call Act of 2011-Introduced
24 act may be cited as the “Unwanted Automated Telephone Call Act of 2011”.
25 Sec. 2. Definitions.
27 (1) “Automatic dialing-announcing device” means a device that selects and dials
28 phone numbers and that, working alone or in conjunction with other equipment, disseminates a
31 or commercial entity who attempts to contact, or who contacts, a subscriber in the District by
34 subscriber when the person initiating the call does not have a personal relationship or an
35 established business relationship with the subscriber, and when the purpose of the call is to
1 solicit the purchase or the consideration of purchase of goods or services by the subscriber.
10 transactions between a caller and a subscriber that occurred within the 18 months preceding a
11 call.
14 the current message and notify the caller that the subscriber should not receive any future calls
15 initiated by an automatic-dialing announcing device from that caller or sponsoring entity. In the
16 case of a call that could be answered in person by a subscriber, the subscriber may opt-out using
17 an automated interactive voice or keypress-activated mechanism. In the case of a call that could
18 be answered by an answering machine or voicemail service, the person called is provided with a
19 toll-free telephone number that processes do-not-call requests. The number provided must
21 automatically adds the number called to the caller or sponsoring entity's do-not-call list.
22 (8) “Subscriber” means either a person who has subscribed to telephone service
23 or cellular telephone service from a telephone company or cellular telephone company and other
3 telephone line, cellular telephone line, or a system transferring voice over the internet unless:
6 (2) The message is immediately preceded by a live operator who obtains the
8 (b) A caller shall not use an automatic dialing-announcing device without an opt-out
9 mechanism that:
10 (1) Is announced and made available within 15 seconds of a person answering the
11 call; and
12 (2) Once activated, automatically adds the subscriber’s number to the caller or
14 (c) A caller shall not use an automatic dialing-announcing device unless the device is
15 designed and operated so as to disconnect within ten seconds after the termination of the
18 (1) Any public-originated message. This shall include a message from public
21 (3) Messages to subscribers with whom the caller has a current business or
22 personal relationship; or
6 (3) The identity or kinds of goods or services the message is promoting; and
7 (4) If applicable, the fact that the message intends to solicit payment or
8 commitment of funds.
11 announcing device nor make any commercial telephone solicitation before 9:00 a.m. or after
12 9:00 p.m.
14 (a) Notwithstanding any provision of law to the contrary, the Attorney General for the
15 District of Columbia, may commence a civil action in the Superior Court of the District of
17 injunction or other appropriate relief to enforce compliance with the provisions of this act against
18 a party believed to be placing calls prohibited by this act. In any action under this section, the
19 Attorney General shall not be required to prove damages and the injunction shall be issued
20 without bond.
21 (b) The Attorney General shall not pursue the restraints made available by subsection (a)
22 of this section nor impose any fine specified in subsection 7(a) against a caller who has
23 attempted to adhere to the provisions of this section in good faith but has violated one or more
2 (a) Any violations of the provisions of this act shall be subject to the following fines not
3 to exceed:
8 (b) Any violations of the provisions of this act shall be subject to any private right of
9 action asserted against the caller and sponsoring entity by an injured party for actual damages.
10 Sec. 8. Rules.
11 The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act,
12 approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules
14 Sec. 9. Applicability.
17 The Council adopts the fiscal impact statement in the committee report as the fiscal
18 impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,
19 approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).
21 This act shall take effect following approval by the Mayor (or in the event of veto by the
22 Mayor, action by the Council to override the veto), a 30-day period of Congressional review as
23 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
5
1 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
2 Columbia Register.