TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 10

IDAHO TELEPHONE SOLICITATION ACT

48-1003A.  No telephone solicitation contact list. 

(1)  (a) Any Idaho residential, mobile or telephonic paging device telephone subscriber desiring to be placed on the Idaho "no telephone solicitation contact" list, indicating that the subscriber does not wish to receive telephone solicitations, may be placed upon such list through a procedure approved by the attorney general.

(b)  Notwithstanding any other provision of this chapter, a national "do-not-call" registry established and maintained by the federal trade commission, pursuant to 16 CFR 310.4(b)(1)(iii)(B), may serve as the Idaho "no telephone solicitation contact" list provided by this chapter. The attorney general may provide to the federal trade commission, for inclusion in the national "do-not-call" registry, the telephone numbers of Idaho residents that are on the Idaho "no telephone solicitation contact" list.

(2)  It is a violation of the provisions of this chapter for a telephone solicitor to make or cause to be made any telephone solicitation, as defined by section 48-1002(11)(a), Idaho Code, to any telephone number which is assigned by a telephone company to an Idaho resident listed on the Idaho "no telephone solicitation contact" list when that telephone number has been on such list for at least three (3) months prior to the date the telephone solicitation is made.

(3)  Section 48-1006, Idaho Code, notwithstanding, any violation of the provisions of this section shall subject the person violating the terms of the provisions of this section to a civil penalty, to be imposed by the district court, as follows: for the first violation, not to exceed five hundred dollars ($500); for the second violation, not to exceed two thousand five hundred dollars ($2,500); for the third and subsequent violations, not to exceed five thousand dollars ($5,000) per violation. Penalties received under the provisions of this section shall be expended pursuant to legislative appropriation.

(4)  This section is not applicable to telephone solicitations:

(a)  To a telephone subscriber’s commercial or business telephone number;

(b)  Where an established business relationship exists, as defined in subsection (3) of section 48-1002, Idaho Code, between the telephone solicitor and the telephone subscriber and the subscriber has not stated to the telephone solicitor that he does not wish to receive telephone solicitations made by or on behalf of the business with whom the established business relationship exists;

(c)  By a minor seeking to sell a good or service, pursuant to a telephone solicitation, for a charitable purpose or organization.

(5)  The attorney general shall advise telephone subscribers who register with his office under the provisions of this section of all self-help measures available to them to reduce unwanted telephone solicitations.

History:

[48-1003A, added 2000, ch. 452, sec. 3, p. 1424; am. 2004, ch. 102, sec. 2, p. 360; am. 2013, ch. 130, sec. 1, p. 299.]