1. (a) In this subtitle the following words have the meanings indicated.
2. (b) “Called party” means a person who is a regular user of a telephone number that receives a telephone solicitation.
3. (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.

4. (d) “Prior express written consent” means a written agreement that:

   1. (1) Bears the signature of the called party;

   2. (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:

      1. (i) A telephone solicitation using an automated system for the selection or dialing of telephone numbers;
      2. (ii) The playing of a recorded or artificial voice message when a connection is completed to a number called; or
      3. (iii) The transmission of a prerecorded voicemail; and

   3. (3) Includes:

      1. (i) The telephone number to which the signatory authorizes a telephone solicitation to be delivered; and

      2. (ii) A clear and conspicuous disclosure informing the called party that:

         1. 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:

            1. A. An automated system for the selection or dialing of telephone numbers; or
            2. B. The playing of a recorded message when a connection is completed to a number called; and

         2. 2. The called party is not required to directly or indirectly:

            1. A. Sign the written agreement; or
            2. B. Agree to enter into the agreement as a condition of purchasing any property, goods, or services.
5. (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.
6. (f) “Telephone solicitation” has the meaning stated in § 8-205 of the Public Utilities Article.

Added by Acts 2023, c. 413, § 1, eff. Jan. 1, 2024; Acts 2023, c. 414, § 1, eff. Jan. 1, 2024. Amended by Acts 2024, c. 214, § 1, eff. April 25, 2024.