As used in the Telephone Solicitation Act of 2022:

1. 1. "Called party" means a person who is the regular user of the telephone number that receives a commercial telephonic sales call;
2. 2. "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 contemporaneously with the telephone call and displayed on a device in or connected to the subscriber's telephone;

3. 3. "Prior express written consent" means a written agreement that:

   1. a. bears the signature of the called party,
   2. b. clearly authorizes the person making or allowing the placement of a commercial telephonic sales call by telephone call, text message, or voicemail transmission to deliver or cause to be delivered to the called party a commercial telephonic sales call using an automated system for the selection or dialing of telephone numbers, the playing of a recorded message when a connection is completed to a number called, or the transmission of a prerecorded voicemail,
   3. c. includes the telephone number to which the signatory authorizes a commercial telephonic sales call to be delivered, and

   4. d. includes 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 commercial telephonic sales call to deliver or cause to be delivered a commercial telephonic sales call to the called party using an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called, and
      2. (2) he or she is not required to sign the written agreement directly or indirectly or to agree to enter into such an agreement as a condition of purchasing any property, goods, or services; and
4. 4. "Signature" includes an electronic or digital signature, to the extent that such form of signature is recognized as a valid signature under applicable federal law or state contract law.

Laws 2022, HB 3168, c. 290, § 2, eff. November 1, 2022