Page:United States Statutes at Large Volume 105 Part 3.djvu/515

 PUBLIC LAW 102-243—DEC. 20, 1991 105 STAT. 2399 subscribers who object to receiving telephone solicitations; "(ii) reflect the relative costs of providing such lists on paper or electronic media; and "(iii) not place an unreasonable financial burden on small businesses; and "(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. "(5) PRIVATE RIGHT OF ACTION. — A person who has received more than one telephone call within any 12-month period by or on behalf of the same entity in violation of the regulations prescribed under this subsection 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 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 up to $500 in damages for each such violation, whichever is greater, or "(C) both such actions. 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 8 times the amount available under subparagraph (B) of this paragraph. "(6) RELATION TO SUBSECTION (B). — The provisions of this subsection shall not be construed to permit a communication prohibited by subsection (b). " (d) TECHNICAL AND PROCEDURAL STANDARDS. — "(1) PROHIBITION.— It shall be unlawful for any person within the United States— "(A) to initiate any communication using a telephone facsimile machine, or to make any telephone call using any automatic telephone dialing system, that does not comply with the technical and procedural standards prescribed under this subsection, or to use any telephone facsimile machine or automatic telephone dialing system in a manner that does not comply with such standards; or "(B) to use a computer or other electronic device to send any message via a telephone facsimile machine unless such person clearly marks, in a margin at the top or bottom of each transmitted page of the message or on the first page of the transmission, the date and time it is sent and an identification of the business, other entity, or individual sending the message and the telephone number of the sending machine or of such business, other entity, or individual. "(2) TELEPHONE FACSIMILE MACHINES.—The Commission shall revise the regulations setting technical and procedural stand- Regulations.

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