Assigned to COM FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2498
do-not-call list; text messages
Purpose
Prohibits a seller, solicitor or anyone acting on behalf of a seller or solicitor from initiating
an outbound text message to a telephone number that is on the National Do-Not-Call Registry
(Registry).
Background
The federal Do-Not-Call Implementation Act of 2003 authorized the Federal Trade
Commission (FTC) to establish the Registry. Telephone numbers are only removed from the
Registry on an individual's request to remove the individual's telephone number or if the FTC
determines that the number has been disconnected or reassigned (15 U.S.C. §§ 6151 and 6155).
A seller or solicitor or anyone acting on behalf of a seller or solicitor is prohibited from
initiating an outbound telephone solicitation call to any telephone number, if the telephone number
is entered in the Registry. A telephone solicitation is exempt from the do-not-call prohibitions if
the telephone solicitation is authorized under federal law or regulation or the call is made by or on
behalf of a seller or solicitor who holds an Arizona broker or salesperson license if the call is:
1) in regard to a past or present real estate employment agreement with the consumer and who is
calling in regard to a subject reasonably related to the employment agreement; 2) in response to a
referral from a natural person with whom the consumer has a personal relationship; or 3) in
response to an express request or permission of a consumer whose telephone number is entered in
the Registry. A violation of the do-not-call prohibitions is an unlawful practice under consumer
fraud law and subject to investigation by the Attorney General for a civil penalty of up to $1,000
(A.R.S. § 44-1282).
A telephone solicitation is any voice communication from a live operator, announcing
device or otherwise that offers merchandise for sale or rent and that is to or from a person located
in Arizona (A.R.S. § 44-1271).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits a seller, solicitor or anyone acting on behalf of a seller or solicitor from initiating an
outbound text message to a telephone number that is on the Registry.
2. Makes a technical change. FACT SHEET
H.B. 2498
Page 2
3. Becomes effective on the general effective date.
House Action
COM 1/31/23 DP 10-0-0-0
3
rd
Read 2/21/23 60-0-0
Prepared by Senate Research
March 6, 2023
JT/FB/sr