13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT TO ADDRESS ABUSE OF PRIVAC Y AND ACTS OF DECEPTION FROM 2 |
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15 | 15 | | TELEMARKETERS BY DISPLAYING PHONE NUMBERS THAT ARE FRA UDULENT 3 |
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16 | 16 | | AND MISREPRESENTATIVE OF THE ACTUAL CALLER. 4 |
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17 | 17 | | Whereas, the citizens and businesses of North Carolina claim the right of privacy and 5 |
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18 | 18 | | exclusive use of the phone lines and numbers for which they contract for; and 6 |
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19 | 19 | | Whereas, the citizens and businesses of North Carolina claim a right of privacy and 7 |
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20 | 20 | | enjoyment of that privacy from telemarketers who spoof, or otherwise disguise their actual phone 8 |
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21 | 21 | | numbers, preventing the receiving phone from identifying who is calling, and 9 |
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22 | 22 | | Whereas, the citizens and businesses of North Carolina claim some telemarketers are 10 |
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23 | 23 | | violating these rights and fraudulently displaying numbers which are assigned to other people, 11 |
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24 | 24 | | assigned to various businesses, using numbers that are not assigned to anyone (including the 12 |
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25 | 25 | | caller), or made up combinations of numbers and letters to disguise the real identification of the 13 |
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26 | 26 | | caller; Now, therefore, 14 |
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27 | 27 | | The General Assembly of North Carolina enacts: 15 |
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28 | 28 | | SECTION 1. G.S. 75-100 is amended by adding a new subdivision to read: 16 |
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29 | 29 | | "(10) A telephone number is the property of a telephone subscriber, subject to the 17 |
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30 | 30 | | terms and conditions of the subscriber's contract with a telephone carrier." 18 |
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31 | 31 | | SECTION 2. G.S. 75-102(i) reads as rewritten: 19 |
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32 | 32 | | "(i) No telephone solicitor or its agent shall cause misleading information to be 20 |
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33 | 33 | | transmitted to users of caller identification technologies or otherwise block or misrepresent the 21 |
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34 | 34 | | origin of the telephone solicitation. No provider of telephone caller identification services shall 22 |
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35 | 35 | | be held liable for violations of this subsection committed by other individuals or entities. It is not 23 |
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36 | 36 | | a violation of this subsection for a telephone solicitor to utilize the name and number of the entity 24 |
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37 | 37 | | the solicitation is being made on behalf of rather than the name and number of the telephone 25 |
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38 | 38 | | solicitor." 26 |
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39 | 39 | | SECTION 3. Article 4 of Chapter 75 of the General Statutes is amended by adding 27 |
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40 | 40 | | a new section to read: 28 |
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41 | 41 | | "§ 75-104.1. Telephone carriers. 29 |
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42 | 42 | | (a) A telephone carrier shall not knowingly and intentionally transmit, sell, or otherwise 30 |
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43 | 43 | | provide the numbers of telephone subscribers to any entity the telephone carrier knows will use 31 |
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44 | 44 | | the number to violate provisions of this Act. 32 |
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45 | 45 | | (b) A telephone carrier shall not be held liable for a telemarketer's violation of 33 |
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46 | 46 | | G.S. 75-102(i)." 34 |
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47 | | - | SECTION 4. G.S. 75-105 reads as rewritten: 35 General Assembly Of North Carolina Session 2025 |
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48 | | - | Page 2 House Bill 520-First Edition |
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49 | | - | "§ 75-105. Enforcement. 1 |
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50 | | - | … 2 |
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51 | | - | (b) A telephone subscriber who has received a telephone solicitation from or on behalf 3 |
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52 | | - | of a telephone solicitor in violation of this Article may bring any of the following actions in civil 4 |
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53 | | - | court: 5 |
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54 | | - | (1) An action to enjoin further violations of this Article by the telephone solicitor. 6 |
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55 | | - | (2) An action to recover five hundred dollars ($500.00) for the first violation, one 7 |
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56 | | - | thousand dollars ($1,000) for the second violation, and five thousand dollars 8 |
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57 | | - | ($5,000) for the third and any other violation that occurs within two years of 9 |
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58 | | - | the first violation. 10 |
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59 | | - | (b1) A telephone subscriber who has received a telephone solicitation in violation of 11 |
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60 | | - | G.S. 75-102(i), or a telephone subscriber whose phone number or name was displayed in a way 12 |
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61 | | - | to give the perception that a call originated from that subscriber or number when the call was 13 |
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62 | | - | actually placed from a different origin and in violation of G.S. 75-102(i), may bring any action 14 |
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63 | | - | authorized pursuant this section or Chapter against the telemarketer initiating the call. In an action 15 |
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64 | | - | brought under this subsection, the court shall impose an additional civil fine of ten thousand 16 |
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65 | | - | dollars ($10,000) for each call placed in knowing violation of G.S. 75-102(i). Any person who 17 |
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66 | | - | knowingly violates G.S. 75-105(i) shall be guilty of a Class H felony. 18 |
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67 | | - | …." 19 |
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68 | | - | SECTION 5. This act becomes effective December 1, 2025, and applies to phone 20 |
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69 | | - | calls placed on or after that date. 21 |
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| 47 | + | SECTION 4. G.S. 75-105 reads as rewritten: 35 |
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| 48 | + | "§ 75-105. Enforcement. 36 |
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| 49 | + | H.B. 520 |
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| 50 | + | Mar 25, 2025 |
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| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 52 | + | Page 2 DRH40305-NH-115 |
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| 53 | + | … 1 |
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| 54 | + | (b) A telephone subscriber who has received a telephone solicitation from or on behalf 2 |
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| 55 | + | of a telephone solicitor in violation of this Article may bring any of the following actions in civil 3 |
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| 56 | + | court: 4 |
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| 57 | + | (1) An action to enjoin further violations of this Article by the telephone solicitor. 5 |
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| 58 | + | (2) An action to recover five hundred dollars ($500.00) for the first violation, one 6 |
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| 59 | + | thousand dollars ($1,000) for the second violation, and five thousand dollars 7 |
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| 60 | + | ($5,000) for the third and any other violation that occurs within two years of 8 |
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| 61 | + | the first violation. 9 |
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| 62 | + | (b1) A telephone subscriber who has received a telephone solicitation in violation of 10 |
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| 63 | + | G.S. 75-102(i), or a telephone subscriber whose phone number or name was displayed in a way 11 |
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| 64 | + | to give the perception that a call originated from that subscriber or number when the call was 12 |
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| 65 | + | actually placed from a different origin and in violation of G.S. 75-102(i), may bring any action 13 |
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| 66 | + | authorized pursuant this section or Chapter against the telemarketer initiating the call. In an action 14 |
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| 67 | + | brought under this subsection, the court shall impose an additional civil fine of ten thousand 15 |
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| 68 | + | dollars ($10,000) for each call placed in knowing violation of G.S. 75-102(i). Any person who 16 |
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| 69 | + | knowingly violates G.S. 75-105(i) shall be guilty of a Class H felony. 17 |
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| 70 | + | …." 18 |
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| 71 | + | SECTION 5. This act becomes effective December 1, 2025, and applies to phone 19 |
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| 72 | + | calls placed on or after that date. 20 |
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