§ 4-99-403 — Definitions

As used in this subchapter, unless the context requires otherwise: (1) "Affiliates" means a person or persons wholly owned and operated by a parent entity, which parent entity claims a prior or existing business relationship with a consumer or a parent company whose wholly owned subsidiary claims a prior existing business relationship with the consumer; (2) (A) "Charitable organization" means: (i) Any person who is or holds himself or herself out to be established for any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary purpose or for the benefit of law enforcement personnel, firefighters, or other persons who protect the public safety; or (ii) Any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal which has a tendency to suggest there is a charitable purpose to any such solicitation. (B) However, "charitable organization" does not include those charitable organizations that are not required to register with the Attorney General's office pursuant to those statutes governing the solicitation of charitable contributions; (3) "Consumer" means any person to whom has been assigned in the State of Arkansas any residential telephone line and corresponding telephone number; (4) "Person" means any individual, group, unincorporated association, limited or general partnership, limited liability corporation, corporation, professional fund raiser, charitable organization, or other business entity; (5) (A) "Prior or existing business relationship" means a relationship in which some financial transaction has transpired between the consumer and the telephone solicitor or its affiliates within the thirty-six (36) months immediately preceding the contemplated telephone solicitation. (B) "Prior or existing business relationship" does not include the situation wherein the consumer has merely been subject to a telephone solicitation by or at the behest of the telephone solicitor within the thirty-six (36) months immediately preceding the contemplated telephone solicitation; and (6) (A) "Telephone solicitation" means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of or investment in property, goods, or services, or the initiation of a telephone call or message for the purpose of encouraging a charitable contribution by or on behalf of any charitable organization, which telephone call or message is transmitted to any consumer, but "telephone solicitation" does not include a call or message to any person made with that person's prior written express invitation or permission nor a call or message to any consumer with whom the telephone solicitor has a prior or existing business relationship. (B) Also, "telephone solicitation" does not include a telephone call by any person to a consumer who has placed upon his or her real property a "for sale" sign which lists a telephone number and invites inquiries regarding the property. (C) Also, "telephone solicitation" does not include a telephone call made solely in connection with an existing debt or contractual obligation, payment or performance of which has not been completed at the time of the call.

Legislative History

Acts 1999, No. 1465, § 3.