Ala. Admin. Code r. 770-X-5-.17

Current through Register Vol. 42, No. 6, March 29, 2024

Section 770-X-5-.17 - Live And Automated Solicitations And Announcements

(1) The following requirements apply to all automated solicitation telephone calls to consumers in the State of Alabama:

(a) No numbers will be called in sequential fashion. Sequentially-placed calls refer to those calls automatically dialed by successively increasing or decreasing integers, or similar methods.

(b) No solicitation calls are allowed on Sundays or holidays. On the days that calls are allowed, none will be placed prior to 8 a.m. or after 8 p.m.

(c) If the consumer's response is to be recorded, they must be informed of such and permission must be granted.

(d) All automatic dialing and announcing devices must have 10-second disconnect.

(e) Within twenty seconds after the called party answers, the name and telephone number of the individual or firm making or paying for the call must be clearly stated.

(f) At the conclusion of the call, the name and telephone number of the individual or firm making or paying for the call must again be clearly stated.

(g) Messages must not contain obscene, profane, coercive, or abusive language; solicit the sale of pornographic material; or be used for any unlawful purpose.

(h) If the solicitation call requires a response by the consumer and a charge will apply, the consumer must be informed if the response call is not a free call. The vendor at this time must give the consumer the amount of the charges that will be applied if they respond.

(i) Emergency and unlisted telephone numbers will not be used with recorded solicitation communication.

(j) Connection of customer-provided communications systems must meet the telephone companies' requirements, as well as Part 68 of the Federal Communications Commission's Rules and Regulations.

(k) The telephone company is under no obligation to provide lists of customer telephone numbers, or any directory information more accurate or current than that contained in normally published and distributed directories for public use.

(l) All persons who utilize Automatic Dialing and Announcing Devices to make solicitation calls shall register with the Secretary's Office of the Alabama Public Service Commission.

(m) All local exchange companies shall file appropriate tariff revisions to implement the provisions and procedures for disconnection of service for violation of these rules.

(n) Violation of any of the above requirements will result in immediate action to discontinue service.

(2) Live Telephone Solicitation Calls - The following requirements apply to all live solicitation telephone calls to consumers in the State of Alabama:

(a) No numbers will be called in sequential fashion. Sequentially-placed calls refer to those calls dialed by successively increasing or decreasing integers, or similar methods.

(b) No solicitation calls are allowed on Sundays or holidays. On the days that calls are allowed, none will be placed prior to 8 a.m. or after 8 p.m.

(c) If the consumer's response is to be recorded, they must be informed of such and permission must be granted.

(d) Within ten (10) seconds after the called party answers, the name and telephone number of the individual or firm making or paying for the call must be clearly stated.

(e) Messages must not contain obscene, profane, coercive, or abusive language; solicit the sale of pornographic material or be used for any unlawful purpose.

(f) If the solicitation call requires a response by the consumer and a charge will apply, the consumer must be informed if the response call is not a free call. The vendor at this time must give the consumer the amount of the charges that will be applied if they respond.

(g) Emergency and unlisted telephone numbers will not be used with recorded solicitation communication.

(h) The telephone company is under no obligation to provide lists of customer telephone numbers, or any directory information more accurate or current than that contained in normally published and distributed directories for public use.

(i) All local exchange companies shall file appropriate tariff revisions to implement the provisions and procedures for disconnection of service for violation of these rules.

(j) Violation of any of the above requirements will result in immediate action to discontinue service.

Ala. Admin. Code r. 770-X-5-.17

Effective June, 1968. Amended April, 1988. Amended March, 1993. Filed with LRS February 5, 2 013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to the Code of Ala. 1975, § 41-22-7.

Author: Alabama Public Service Commission

Statutory Authority:Code of Ala. 1975, §§ 37-1-57, 37-2-3, 37-2-10.