Page:United States Statutes at Large Volume 105 Part 3.djvu/512

 105 STAT. 2396 PUBLIC LAW 102-243—DEC. 20, 1991 the called party) using any automatic telephone dialing system or an artificial or prerecorded voice— "(i) to any emergency telephone line (including any '911' line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency); "(ii) to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or "(iii) to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call; "(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 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 an unsolicited advertisement to a telephone facsimile machine; or "(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. "(2) REGULATIONS; EXEMPTIONS AND OTHER PROVISIONS.— The Commission shall prescribe regulations ta implement the requirements of this subsection. 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; and "(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) such classes or categories of calls made for commercial purposes as the Commission determines— "(I) will not adversely affect the privacy rights that this section is intended to protect; and "(II) do not include the transmission of any unsolicited advertisement. "(3) PRIVATE RIGHT OF ACTION. —A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State— "(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation, "(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in dameiges for each such violation, whichever is greater, or "(C) both such actions.

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