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Notwithstanding any other provision of this section, subsection f shall not apply to this subsection or to the regulations under this subsection. If, pursuant to subsection c 3 , the Commission requires the establishment of a single national database of telephone numbers of subscribers who object to receiving telephone solicitations , a State or local authority may not, in its regulation of telephone solicitations , require the use of any database, list, or listing system that does not include the part of such single national database that relates to such State.
If the court finds the defendant willfully or knowingly violated such regulations, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. The district courts of the United States , the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection.
Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this section or regulations prescribed under this section, including the requirement that the defendant take such action as is necessary to remove the danger of such violation.
Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. The State shall serve prior written notice of any such civil action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right A to intervene in the action, B upon so intervening, to be heard on all matters arising therein, and C to file petitions for appeal.
Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. For purposes of bringing any civil action under this subsection, nothing in this section shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.
Nothing contained in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. Not later than 1 year after December 30, , and annually thereafter, the Commission, after consultation with the Federal Trade Commission , shall submit to Congress a report regarding enforcement by the Commission of subsections b , c , d , and e during the preceding calendar year.
The Commission shall prepare the report required by paragraph 1 without requiring the provision of additional information from providers of telecommunications service or voice service as defined in section b a of this title. This chapter, referred to in subsecs.
For complete classification of this Act to the Code, see section of this title and Tables. C to E and struck out former subpar. C which defined IP-enabled voice service. Former par. C generally. Prior to amendment, subpar. Amendment by Pub. Please help us improve our site!
No thank you. LII U. Code Notes State Regulations prev next. B to dial such numbers. B an established business relationship shall be subject to any time limitation established pursuant to paragraph 2 G. B to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes, is made solely pursuant to the collection of a debt owed to or guaranteed by the United States , or is exempted by rule or order by the Commission under paragraph 2 B ;.
C to use any telephone facsimile machine , computer, or other device to send, to a telephone facsimile machine , an unsolicited advertisement, unless— i the unsolicited advertisement is from a sender with an established business relationship with the recipient;. II a directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its facsimile number for public distribution,.
D to use an automatic telephone dialing system in such a way that two or more telephone lines of a multi-line business are engaged simultaneously. In implementing the requirements of this subsection, the Commission — A shall consider prescribing regulations to allow businesses to avoid receiving calls made using an artificial or prerecorded voice to which they have not given their prior express consent;. B may, by rule or order, exempt from the requirements of paragraph 1 B of this subsection, subject to such conditions as the Commission may prescribe— i calls that are not made for a commercial purpose; and.
II do not include the transmission of any unsolicited advertisement ;. C may, by rule or order, exempt from the requirements of paragraph 1 A iii of this subsection calls to a telephone number assigned to a cellular telephone service that are not charged to the called party, subject to such conditions as the Commission may prescribe as necessary in the interest of the privacy rights this section is intended to protect;. D shall provide that a notice contained in an unsolicited advertisement complies with the requirements under this subparagraph only if— i the notice is clear and conspicuous and on the first page of the unsolicited advertisement ;.
II a cost-free mechanism for a recipient to transmit a request pursuant to such notice to the sender of the unsolicited advertisement ; the Commission shall by rule require the sender to provide such a mechanism and may, in the discretion of the Commission and subject to such conditions as the Commission may prescribe, exempt certain classes of small business senders, but only if the Commission determines that the costs to such class are unduly burdensome given the revenues generated by such small businesses;.
E shall provide, by rule, that a request not to send future unsolicited advertisements to a telephone facsimile machine complies with the requirements under this subparagraph only if— i the request identifies the telephone number or numbers of the telephone facsimile machine or machines to which the request relates;.
G i may, consistent with clause ii , limit the duration of the existence of an established business relationship , however, before establishing any such limits, the Commission shall— I determine whether the existence of the exception under paragraph 1 C relating to an established business relationship has resulted in a significant number of complaints to the Commission regarding the sending of unsolicited advertisements to telephone facsimile machines;.
II determine whether a significant number of any such complaints involve unsolicited advertisements that were sent on the basis of an established business relationship that was longer in duration than the Commission believes is consistent with the reasonable expectations of consumers;. III evaluate the costs to senders of demonstrating the existence of an established business relationship within a specified period of time and the benefits to recipients of establishing a limitation on such established business relationship ; and.
IV determine whether with respect to small businesses, the costs would not be unduly burdensome; and. H may restrict or limit the number and duration of calls made to a telephone number assigned to a cellular telephone service to collect a debt owed to or guaranteed by the United States ; and. I shall ensure that any exemption under subparagraph B or C contains requirements for calls made in reliance on the exemption with respect to— i the classes of parties that may make such calls;.
C both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph B of this paragraph.
B Violation with intent Any person that is determined by the Commission , in accordance with paragraph 3 or 4 of section b of this title , to have violated this subsection with the intent to cause such violation shall be liable to the United States for a forfeiture penalty pursuant to section b 1 of this title. C Recovery Any forfeiture penalty determined under subparagraph A or B shall be recoverable under section a of this title.
D Procedure No forfeiture liability shall be determined under subparagraph A or B against any person unless such person receives the notice required by section b 3 of this title or section b 4 of this title. E Statute of limitations Notwithstanding paragraph 6 of section b of this title , no forfeiture penalty shall be determined or imposed against any person— i under subparagraph A if the violation charged occurred more than 1 year prior to the date of issuance of the required notice or notice of apparent liability; or.
F Rule of construction Notwithstanding any law to the contrary, the Commission may not determine or impose a forfeiture penalty on a person under both subparagraphs A and B based on the same conduct. B evaluate the categories of public and private entities that would have the capacity to establish and administer such methods and procedures;.
C consider whether different methods and procedures may apply for local telephone solicitations , such as local telephone solicitations of small businesses or holders of second class mail permits;. D consider whether there is a need for additional Commission authority to further restrict telephone solicitations , including those calls exempted under subsection a 3 of this section, and, if such a finding is made and supported by the record, propose specific restrictions to the Congress ; and.
E develop proposed regulations to implement the methods and procedures that the Commission determines are most effective and efficient to accomplish the purposes of this section. If the Commission determines to require such a database, such regulations shall— A specify a method by which the Commission will select an entity to administer such database;.
B require each common carrier providing telephone exchange service , in accordance with regulations prescribed by the Commission, to inform subscribers for telephone exchange service of the opportunity to provide notification, in accordance with regulations established under this paragraph, that such subscriber objects to receiving telephone solicitations ;. D specify the methods by which such objections shall be collected and added to the database;. E prohibit any residential subscriber from being charged for giving or revoking such notification or for being included in a database compiled under this section;.
F prohibit any person from making or transmitting a telephone solicitation to the telephone number of any subscriber included in such database;. G specify i the methods by which any person desiring to make or transmit telephone solicitations will obtain access to the database, by area code or local exchange prefix, as required to avoid calling the telephone numbers of subscribers included in such database; and ii the costs to be recovered from such persons;.
H specify the methods for recovering, from persons accessing such database, the costs involved in identifying, collecting, updating, disseminating, and selling, and other activities relating to, the operations of the database that are incurred by the entities carrying out those activities;. I specify the frequency with which such database will be updated and specify the method by which such updating will take effect for purposes of compliance with the regulations prescribed under this subsection;.
J be designed to enable States to use the database mechanism selected by the Commission for purposes of administering or enforcing State law;. K prohibit the use of such database for any purpose other than compliance with the requirements of this section and any such State law and specify methods for protection of the privacy rights of persons whose numbers are included in such database; and.
L require each common carrier providing services to any person for the purpose of making telephone solicitations to notify such person of the requirements of this section and the regulations thereunder. B develop a fee schedule or price structure for recouping the cost of such database that recognizes such differences and— i reflect the relative costs of providing a national, regional, State , or local list of phone numbers of subscribers who object to receiving telephone solicitations ;.
C consider i whether the needs of telemarketers operating on a local basis could be met through special markings of area white pages directories, and ii if such directories are needed as an adjunct to database lists prepared by area code and local exchange prefix. It shall be an affirmative defense in any action brought under this paragraph that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of the regulations prescribed under this subsection.
If the court finds that the defendant willfully or knowingly violated the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph B of this paragraph.
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