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§7.02 Unsolicited Goods and Advertising—Telephone Solicitations

Lesson 7:
& Warranties

Calls by a telephone solicitor to a telephone number registered on the “do not call” list are prohibited. [B&PC §17592(c).] It is also unlawful to improperly use the list or affect its use, e.g., by interfering with a subscriber’s right to be placed on the list or to charge for such a placement. [B&PC §17591.]

Tip Click

The prohibition against calling does not apply in specified situations, such as when [B&PC §17592(e), (f); see B&PC §17514]:

  • The subscriber has agreed to or requested the calls,
  • A person consented to receiving calls in response to a solicitation letter,
  • The seller and the subscriber have an established business relationship,
  • The call is made to a subscriber within a 50-mile radius by an individual businessperson or small business that employs five or fewer people,
  • The caller is a tax-exempt charitable organization, or
  • The call is made to solicit a donation.

Someone who has received a prohibited telephone solicitation or whose number was improperly used may bring a small claims action for an injunction or an order to prevent further violations. Once an injunction or order has been issued, if the person receives further solicitations in violation of the injunction or order within 30 days, the person may file a subsequent small claims action for enforcement and for civil penalties up to $1000. A plaintiff may not aggregate claims to establish jurisdiction beyond a small claims action. [B&PC §17593(b).]

A defendant may appear in such an action by affidavit or by written instrument. [B&PC §17593(b).] The defendant may assert the affirmative defense that the violation was accidental and in contravention of the defendant’s own policies. [B&PC §17593(d).]

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