Section 476.57. Limitations on use of ADAD equipment — penalty.

  1.  Definition.  As used in this section, “ADAD equipment” means automatic dialing-announcing device equipment which is a device or system of devices used, either alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers without the use of a live operator to disseminate prerecorded messages to the numbers selected or dialed.

  2.  Prohibition.

  a.  Except as provided in paragraph “b”, a person shall not use, employ, or direct another person to use, or contract for the use of ADAD equipment.

  b.  Except for ADAD equipment which randomly or sequentially selects the telephone numbers for calling, the prohibition in paragraph “a” does not apply to any of the following:

  (1)  Calls made with ADAD equipment by a nonprofit organization or by an individual using the calls other than for commercial profit-making purposes or fund-raising, if the calls do not involve the advertisement or offering for sale, lease, or rental of goods, services, or property.

  (2)  Calls made with ADAD equipment relating to payment for, service of, or warranty coverage of previously ordered or purchased goods or services or to persons or organizations with a prior business relationship with the persons or organizations using the calls.

  (3)  Calls made with ADAD equipment relating to the collection of lawful debts.

  (4)  Calls made with ADAD equipment to members or employees of the organization making the calls.

  (5)  Calls made with ADAD equipment which use an initial prerecorded message of a duration no greater than seven seconds prior to a live operator intercept, or calls which involve an initial message from a live operator.

  3.  Termination.  Calls made with ADAD equipment must terminate the connection with any call within ten seconds after the person receiving the call acts to disconnect the call.

  4.  Penalty.  A violation of this section is a serious misdemeanor.

91 Acts, ch 141, §1