As used in this part 9, unless the context otherwise
requires:
(1) Caller identification service means a type of telephone service that
permits telephone subscribers to see the telephone number of incoming telephone
calls.
(2) Colorado no-call list means the database of Colorado residential
subscribers and wireless telephone service subscribers that have given notice, in
accordance with rules promulgated under section 6-1-905, of such subscribers'
objection to receiving telephone solicitations.
(3) Conforming consolidated no-call list means any database that includes
telephone numbers of telephone subscribers that do not wish to receive telephone
solicitations, if such database has been updated within the prior thirty days to
include all of the telephone numbers on the Colorado no-call list.
(4) Conforming list broker means any person or entity that provides lists
for the purpose of telephone solicitation, if such lists shall have removed, at a
minimum of every thirty days, any phone numbers that are included on the Colorado
no-call list.
(5) Designated agent means the party with which the public utilities
commission contracts under section 6-1-905 (2).
(6) Electronic mail means an electronic message that is transmitted
between two or more computers or electronic terminals. Electronic mail includes
electronic messages that are transmitted within or between computer networks.
(7) (a) Established business relationship means a relationship that:
(I) Was formed, prior to the telephone solicitation, through a voluntary, two-way communication between a seller or telephone solicitor and a residential
subscriber or wireless telephone service subscriber, with or without consideration,
on the basis of an application, purchase, ongoing contractual agreement, or
commercial transaction between the parties regarding products or services offered
by such seller or telephone solicitor; and
(II) Has not been previously terminated by either party; and
(III) Currently exists or has existed within the immediately preceding
eighteen months.
(b) Established business relationship, with respect to a financial institution
or affiliate, as those terms are defined in section 527 of the federal Gramm-Leach-Bliley Act, includes any situation in which a financial institution or affiliate makes
solicitation calls related to other financial services offered, if the financial
institution or affiliate is subject to the requirements regarding privacy of Title V of
the federal Gramm-Leach-Bliley Act, and the financial institution or affiliate
regularly conducts business in Colorado.
(8) Internet means the international computer network consisting of
federal and nonfederal, interoperable, packet-controlled switched data networks.
(9) Residential subscriber means a person who has subscribed to
residential telephone service with a local exchange provider, as defined in section
40-15-102 (18), C.R.S. Person also includes any other persons living or residing
with such person.
(10) (a) Telephone solicitation means any voice, telefacsimile, graphic
imaging, or data communication, including text messaging communication over a
telephone line or through a wireless telephone for the purpose of encouraging the
purchase or rental of, or investment in, property, goods, or services.
(b) Notwithstanding paragraph (a) of this subsection (10), telephone
solicitation does not include communications:
(I) To any residential subscriber or wireless telephone service subscriber
with the subscriber's prior express invitation or permission;
(II) By or on behalf of any person or entity with whom a residential subscriber
or wireless telephone service subscriber has an established business relationship;
(III) For thirty days after a residential subscriber or wireless telephone
service subscriber has contacted a business to inquire about the potential purchase
of goods or services or until the subscriber requests that no further calls be made,
whichever occurs first;
(IV) By or on behalf of a charitable organization that is required to comply
and that has complied with the notice and reporting requirements of section 6-16-104 or is excluded from such notice and reporting requirements by section 6-16-104
(6);
(V) Made for the sole purpose of urging support for or opposition to a
political candidate or ballot issue; or
(VI) Made for the sole purpose of conducting political polls or soliciting the
expression of opinions, ideas, or votes.
(c) Telephone solicitation includes any communication described in
paragraph (a) of this subsection (10), whether such communication originates from a
live operator, through the use of automatic dialing and recorded message
equipment, or by other means.
(11) Wireless telephone means a telephone that operates without a
physical, wireline connection to the provider's equipment. The term includes,
without limitation, cellular and mobile telephones.
(12) Wireless telephone service subscriber means a person who has
subscribed to a telephone service that does not employ a wireline telephone or that
employs both wireline and wireless telephones on the same customer account.