1. (a) This section does not apply to:

   1. (1) a unit of federal, State, or local government that uses an automated dialing prerecorded message machine for emergency purposes; or
   2. (2) a person who has a preexisting business relationship with, or the consent of, the person called.

2. (b) A person may not use an automated dialing, push-button, or tone-activated address signaling system with a prerecorded message to:

   1. (1) solicit persons to purchase, lease, or rent goods or services;
   2. (2) offer a gift or prize;
   3. (3) conduct a poll; or
   4. (4) request survey information if the results will be used directly to solicit persons to purchase, lease, or rent goods or services.
3. (c) The sender of an automated dialing, push-button, or tone-activated address signaling call shall disconnect the prerecorded message machine from the recipient's telephone line within 5 seconds after the termination of the call by either the person calling or the person called.

4. (d) A person who violates a provision of subsection (b) or (c) of this section is guilty of a misdemeanor and on conviction is subject to a fine:

   1. (1) not exceeding $1,000 for the first offense; and
   2. (2) not exceeding $5,000 for each subsequent offense.

Added by Acts 1998, c. 8, § 2, eff. Oct. 1, 1998.

Formerly Art. 78, § 55C.