Md. Code, Commercial Law § 14-4501
This is the official text of Md. Code, Commercial Law § 14-4501, part of Maryland’s Code, Commercial Law — governs commercial transactions - Maryland's version of the Uniform Commercial Code.
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§14–4501.
Official statutory text
(a) In this subtitle the following words have the meanings indicated.
(b) “Called party” means a person who is a regular user of a telephone number that receives a telephone solicitation.
(c) “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 simultaneously with the telephone call and displayed on a device connected to the subscriber’s telephone.
(d) “Prior express written consent” means a written agreement that:
(1) Bears the signature of the called party;
(2) Clearly authorizes the person making or allowing the placement of a telephone solicitation by telephone call, text message, or voicemail to deliver or cause to be delivered to the called party:
(i) A telephone solicitation using an automated system for the selection or dialing of telephone numbers;
(ii) The playing of a recorded or artificial voice message when a connection is completed to a number called; or
(iii) The transmission of a prerecorded voicemail; and
(3) Includes:
(i) The telephone number to which the signatory authorizes a telephone solicitation to be delivered; and
(ii) A clear and conspicuous disclosure informing the called party that:
1. By executing the agreement, the called party authorizes the person making or allowing the placement of a telephone solicitation to deliver or cause to be delivered a telephone solicitation to the called party using:
A. An automated system for the selection or dialing of telephone numbers; or
B. The playing of a recorded message when a connection is completed to a number called; and
2. The called party is not required to directly or indirectly:
A. Sign the written agreement; or
B. Agree to enter into the agreement as a condition of purchasing any property, goods, or services.
(e) “Signature” includes an electronic or digital signature to the extent that the form of signature is recognized as a valid signature under applicable federal law or State contract law.
(f) “Telephone solicitation” has the meaning stated in § 8–205 of the Public Utilities Article.
(b) “Called party” means a person who is a regular user of a telephone number that receives a telephone solicitation.
(c) “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 simultaneously with the telephone call and displayed on a device connected to the subscriber’s telephone.
(d) “Prior express written consent” means a written agreement that:
(1) Bears the signature of the called party;
(2) Clearly authorizes the person making or allowing the placement of a telephone solicitation by telephone call, text message, or voicemail to deliver or cause to be delivered to the called party:
(i) A telephone solicitation using an automated system for the selection or dialing of telephone numbers;
(ii) The playing of a recorded or artificial voice message when a connection is completed to a number called; or
(iii) The transmission of a prerecorded voicemail; and
(3) Includes:
(i) The telephone number to which the signatory authorizes a telephone solicitation to be delivered; and
(ii) A clear and conspicuous disclosure informing the called party that:
1. By executing the agreement, the called party authorizes the person making or allowing the placement of a telephone solicitation to deliver or cause to be delivered a telephone solicitation to the called party using:
A. An automated system for the selection or dialing of telephone numbers; or
B. The playing of a recorded message when a connection is completed to a number called; and
2. The called party is not required to directly or indirectly:
A. Sign the written agreement; or
B. Agree to enter into the agreement as a condition of purchasing any property, goods, or services.
(e) “Signature” includes an electronic or digital signature to the extent that the form of signature is recognized as a valid signature under applicable federal law or State contract law.
(f) “Telephone solicitation” has the meaning stated in § 8–205 of the Public Utilities Article.
Status: in_force · Read it on the official government site
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