§ 51-28-01 — Definitions

In this chapter, unless the context or subject matter otherwise requires, the terms shall have
the meanings as follows:
1. "Automatic dialing-announcing device" means a device that selects and dials
telephone numbers and that, working alone or in conjunction with other equipment,
disseminates a prerecorded or synthesized voice message to the telephone number
called.
2. "Caller" means a person, corporation, firm, partnership, association, or legal or
commercial entity that attempts to contact, or that contacts, a subscriber in this state
by using a telephone or a telephone line.
3. "Caller identification service" means a telephone service that permits telephone
subscribers to see the telephone number of incoming telephone calls.
4. "Established business relationship" means a relationship between a seller and
consumer based on a free trial newspaper subscription or on the consumer's
purchase, rental, or lease of the seller's goods or services or a financial transaction
between the consumer and seller, within the twenty-four months immediately
preceding the date of a telemarketing call.
5. "Message" means any telephone call, including voice, text, or other electronic
communication, regardless of its content.
6. "Subscriber" means a person who has subscribed to a residential telephone line or the
other persons living or residing with the subscribing person.
7. "Telephone line" means a telephone service to a subscriber, regardless of the
technology used to provide such service, including traditional wireline or cable
telephone service; cellular, broadband PCS, or other wireless telephone service;
microwave, satellite, or other terrestrial telephone service; and voice over internet
protocol telephone service.
8. "Telephone solicitation" means any voice, text, or other electronic communication over
a telephone line for the purpose of encouraging charitable contributions, or the
purchase or rental of, or investment in, property, goods, services, or merchandise,
including as defined in subsection 3 of section 51-15-01, whether the communication
is made by a live operator, through the use of an automatic dialing-announcing device,
or by other means. Telephone solicitation does not include communications:
a. To any subscriber with that subscriber's prior express written request, consent,
invitation, or permission.
b. By or on behalf of any person with whom the subscriber has an established
personal or business relationship.
c. By or on behalf of a charitable organization that is exempt from federal income
taxation under section 501 of the Internal Revenue Code, but only if the following
applies:
(1) The telephone call is made by a volunteer or employee of the charitable
organization; and
(2) The person who makes the telephone call immediately discloses the
following information upon making contact with the consumer:
(a) The person's true first and last name; and
(b) The name, address, and telephone number of the charitable
organization.
d. By or on behalf of any person whose exclusive purpose is to poll or solicit the
expression of ideas, opinions, or votes, unless the communication is a text
message.
e. By the individual soliciting without the intent to complete, and who does not in fact
complete, the sales presentation during the call, but who will complete the sales
presentation at a later face-to-face meeting between the individual solicitor or

person who makes the initial call and the prospective purchaser, unless the
communication is a text message.
f. By or on behalf of a political party, candidate, or other group with a political
purpose, as defined in section 16.1-08.1-01, unless the communication is a text
message.