Loading
Last updated: January 03, 2014
TITLE 5.  CRIMINAL OFFENSES  
SUBTITLE 6.  OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE 
CHAPTER 63.  BUSINESS MISCONDUCT
SUBCHAPTER 2.  OFFENSES GENERALLY 

A.C.A. § 5-63-204
§ 5-63-204. Automated telephone solicitation

(a)

(1) It is unlawful for any person to use a telephone for the purpose of offering any goods or services for sale, or for conveying information regarding any goods or services for the purpose of soliciting the sale or purchase of the goods or services, or for soliciting information, gathering data, or for any other purpose in connection with a political campaign when the use involves an automated system for the selection and dialing of telephone numbers and the playing of recorded messages when a message is completed to the called number.

(2) However, nothing in this section prohibits the use of:

(A) A telephone involving an automated system for the selection and dialing of telephone numbers and the play of recorded messages to:

(i) Inform the purchaser of the goods or services concerning receipt and availability of the goods or services for delivery to the purchaser; or

(ii) Convey information concerning any delay or pertinent information about the current status of any purchase order previously made; or

(B) An automated telephone system with a recorded message when the call is made or message given solely in response to a call initiated by the person to which the automatic call or recorded message is directed.

(b) Any person who violates any provision of this section upon conviction is guilty of a Class B misdemeanor and shall be punished accordingly.

(c)

(1) The Attorney General, a prosecuting attorney, any law enforcement officer, or any telephone company serving an area from which automated telephone calls are made may seek injunctive relief to enforce the provision of this section.

(2) If a civil action is filed pursuant to this section, the prevailing party is entitled to a reasonable attorney's fee and court costs.

Compliance Guide:
Registration Made Easy.
  • Online State Registration wizard for call campaign licensing.
  • Wizard makes finding State DNC exemptions easy.
  • Quickly answer questions with included regulatory guide.

Buy Now 10 Day Free Trial watch Webinar

This site is provided for informational purposes only. These materials do not constitute legal advice and should not be used as a substitute for competent legal counsel. No representations are made regarding the timeliness, accuracy, or completeness of these materials.