Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Chapter 159 of the General Laws is hereby amended by inserting after section 19A the following four sections:-
Section 19B. As used in sections nineteen C and nineteen D, the following words shall, unless the context requires otherwise, have the following meanings:-
"Automatic telephone dialing system", any automatic terminal equipment which is capable of storing numbers to be called or producing numbers to be called, using a random or sequential number generator, and with the ability to call such numbers, and which is capable of delivering a prerecorded message to the number called with or without manual assistance.
Section 19C. Any person who is a customer of a common carrier and who wishes not to receive telephone calls from an automatic telephone dialing system may notify such common carrier which provides telephone exchange service that he does not wish to receive such calls.
The department shall prescribe regulations specifying the manner in which such notification shall be given, specifying the manner in which common carriers shall make available to persons using an automatic dialing system the names and telephone numbers of persons who do not wish to receive such calls, and specifying the time at which and manner in which a subscriber may give or revoke such notification. The regulations shall require that a customer be given the opportunity to give such notification whenever a telephone is installed, and not less frequently than annually thereafter.
A common carrier shall not make any charge to a customer for the service of listing him as not wishing to receive such calls. The costs incurred by any common carrier to administer the provisions of this section shall be borne by those persons or institutions obtaining the names and telephone numbers of those subscribers who do not wish to receive calls under a schedule to be approved by the department.
Nothing in this section or regulation promulgated thereunder shall be deemed to impose any liability on a common carrier providing local exchange service arising or resulting from the use of an automatic dialing system except in producing or using such a system.
Section 19D. Any automatic telephone dialing system sold in the commonwealth shall be designed to prevent the selection or dialing of any telephone numbers listed pursuant to section nineteen C.
Any person using an automatic telephone dialing system shall prevent such system from selecting or dialing any telephone numbers listed pursuant to said section nineteen C.
Any automatic telephone dialing system used in the commonwealth shall be operated so that the system will, within five seconds after the called party hangs up, automatically create a disconnect signal or on-hook condition which allows the called party's line to be released.
Section 19E. No person shall solicit a sale or order for sale of goods or services at the residence of a prospective buyer by means of a telephone without expressly revealing at the time the person initially contacts the prospective buyer, and before making any other statement, except a greeting, or asking the prospective buyer any other questions, that the purpose of the contact is to effect a sale, by doing all of the following:-
(1) stating the identity of the person making the solicitations;
(2) stating the trade name of the person represented by the person making the solicitation; and
(3) stating the kind of goods or services being offered for sale.
No person shall, in soliciting a sale or order for the same of goods or services at the residence of a prospective buyer by the telephone, use any plan, scheme, or ruse which misrepresents his true status or mission for the purpose of making such sale or order for the sale of goods or services.