Current with changes from the 2024 Legislative Session
Section 14-4501 - Definitions(a) In this subtitle the following words have the meanings indicated.(b) "Called party" means a person who is a regular user of a telephone number that receives a telephone solicitation.(c) "Caller identification service" means a service that allows a telephone subscriber to have the telephone number and, where available, the name of the calling party transmitted simultaneously with the telephone call and displayed on a device connected to the subscriber's telephone.(d) "Prior express written consent" means a written agreement that:(1) Bears the signature of the called party;(2) Clearly authorizes the person making or allowing the placement of a telephone solicitation by telephone call, text message, or voicemail to deliver or cause to be delivered to the called party:(i) A telephone solicitation using an automated system for the selection or dialing of telephone numbers;(ii) The playing of a recorded or artificial voice message when a connection is completed to a number called; or(iii) The transmission of a prerecorded voicemail; and(3) Includes:(i) The telephone number to which the signatory authorizes a telephone solicitation to be delivered; and(ii) A clear and conspicuous disclosure informing the called party that:1. By executing the agreement, the called party authorizes the person making or allowing the placement of a telephone solicitation to deliver or cause to be delivered a telephone solicitation to the called party using: A. An automated system for the selection or dialing of telephone numbers; orB. The playing of a recorded message when a connection is completed to a number called; and2. The called party is not required to directly or indirectly: A. Sign the written agreement; orB. Agree to enter into the agreement as a condition of purchasing any property, goods, or services.(e) "Signature" includes an electronic or digital signature to the extent that the form of signature is recognized as a valid signature under applicable federal law or State contract law.(f) "Telephone solicitation" has the meaning stated in § 8-205 of the Public Utilities Article.Brought forward without change, 2024 Md. Laws, Ch. 214,Sec. 1, eff. 4/25/2024.Added by 2023 Md. Laws, Ch. 414, Sec. 1, eff. 1/1/2024.Added by 2023 Md. Laws, Ch. 413, Sec. 1, eff. 1/1/2024.