In this subtitle the following words have the meanings indicated. “Called party” means a person who is a regular user of a telephone number that receives a telephone solicitation. “Caller identification service” means a service that allows a telephone subscriber to have the telephone number and, where available, the name of the calling party transmitted simultaneously with the telephone call and displayed on a device connected to the subscriber’s telephone. “Prior express written consent” means a written agreement that: Bears the signature of the called party; Clearly authorizes the person making or allowing the placement of a telephone solicitation by telephone call, text message, or voicemail to deliver or cause to be delivered to the called party: A telephone solicitation using an automated system for the selection or dialing of telephone numbers; The playing of a recorded or artificial voice message when a connection is completed to a number called; or The transmission of a prerecorded voicemail; and Includes: The telephone number to which the signatory authorizes a telephone solicitation to be delivered; and A clear and conspicuous disclosure informing the called party that: By executing the agreement, the called party authorizes the person making or allowing the placement of a telephone solicitation to deliver or cause to be delivered a telephone solicitation to the called party using: An automated system for the selection or dialing of telephone numbers; or The playing of a recorded message when a connection is completed to a number called; and The called party is not required to directly or indirectly: Sign the written agreement; or Agree to enter into the agreement as a condition of purchasing any property, goods, or services. “Signature” includes an electronic or digital signature to the extent that the form of signature is recognized as a valid signature under applicable federal law or State contract law. “Telephone solicitation” has the meaning stated in § 8–205 of the Public Utilities Article.

This subsection does not apply to: A telephone solicitation that is an isolated transaction and not performed in the course of a pattern of repeated transactions of a similar nature; Subject to paragraph (2) of this subsection, a noncommercial telephone solicitation for religious, charitable, political, or educational purposes; A business–to–business sale where the telephone solicitor has been lawfully operating continuously for at least 3 years under the same business name; A person who solicits contracts for the maintenance or repair of goods previously purchased from the person making the solicitation or on whose behalf the solicitation is made; A single telephone solicitation made to a customer or client in response to an inquiry or request from the customer or client; A communication between a business and a customer that have an existing business contract or relationship with each other if: The communication is initially intended for informational purposes only; and Based on further inquiry from the customer, the communication becomes a telephone solicitation; or A noncommercial telephone solicitation for the purpose of public opinion research. A person soliciting for noncommercial purposes under paragraph (1)(ii) of this subsection is exempt only if: The person is soliciting for a nonprofit entity; and The entity is: Registered with the Secretary of State in accordance with Title 6 of the Business Regulation Article; and Exempt from taxation under § 501(c)(3), (4), or (6) of the Internal Revenue Code. Without the prior express written consent of the called party, a person may not make or cause to be made a telephone solicitation that involves: An automated system for the selection or dialing of telephone numbers; or The playing of a recorded message when a connection is completed to the number called. A person who makes or causes to be made a telephone solicitation may not: Fail to transmit or cause not to be transmitted: The originating telephone number; and When made available by the caller’s carrier, the name of the caller to any caller identification service in use by a called party; Intentionally act to prevent the transmission of the telephone solicitor’s name or telephone number to the called party when the equipment or service used by the telephone solicitor is capable of creating and transmitting the telephone solicitor’s name and telephone number; or In order to conceal the true identity of the caller, use technology that deliberately displays a different caller identification number than the number the call is originating from. It is not a violation of this subsection to substitute for the name and telephone number used in or billed for making the call: The name of the seller or other entity for whom the telephone solicitation is placed; and The customer service telephone number of the seller or other entity. A person may not make or cause to be made a telephone solicitation, including a call made through automated dialing or a recorded message: To a called party during the hours between 8 p.m. and 8 a.m. in the called party’s time zone; More than three times to the same called party during a 24–hour period on the same subject matter or issue, regardless of the telephone numbers used to make the call; or By intentionally altering the voice of the caller in an attempt to disguise or conceal the identity of the caller in order to: Defraud, confuse, or financially or otherwise injure the called party; or Obtain personal information from the called party that may be used in a fraudulent or unlawful manner.

Subject to paragraph (2) of this subsection, a violation of this subtitle is: An unfair, abusive, or deceptive trade practice within the meaning of Title 13 of this article; and Subject to the enforcement and penalty provisions contained in Title 13 of this article. A called party who is aggrieved by a person who violates this subtitle may bring an action in accordance with § 13–408 of this article to enjoin further violations and to recover damages up to $500 or actual damages, whichever is greater. If the court finds the defendant willfully or knowingly violated this subtitle, the court may award damages up to three times the amount of damages under subparagraph (i) of this paragraph. There is a rebuttable presumption that a telephone solicitation made to any area code in the State is made to a resident or a person who is reasonably presumed to reside or have a place of business in the State at the time the call is made. This subtitle does not preclude the applicability of §§ 8–204 and 8–205 and Title 13 of the Public Utilities Article to a telephone solicitation subject to this subtitle. Except as provided in § 14–4502(a)(3) of this subtitle, the requirements and remedies provided under this subtitle may not be waived by an agreement, unless the agreement is part of a settlement of a legal dispute or action. Nothing in this subtitle prohibits an agreement from establishing more extensive requirements or remedies than the requirements and remedies contained in this subtitle.