North Carolina 2025-2026 Regular Session

North Carolina House Bill H936 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 936
	3	+	H D
	4	+	HOUSE BILL DRH10432-MC-157
	5	+
5	6
6	7
7	8		Short Title: Robocall Solicitation Modifications. (Public)
8	9		Sponsors: Representative Greene.
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Commerce and Economic Development, if favorable, Judiciary 3, if favorable,
11		-	Rules, Calendar, and Operations of the House
12		-	April 14, 2025
13		-	H936 -v-1
	10	+	Referred to:
	11	+
	12	+	DRH10432 -MC-157
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT TO MODIFY THE LAWS GOVERNING TELEPHONE SOLICITATIONS TO 2
16	15		ADDRESS ROBOCALLS. 3
17	16		The General Assembly of North Carolina enacts: 4
18	17		SECTION 1. Article 4 of Chapter 75 of the General Statutes reads as rewritten: 5
19	18		"Article 4. 6
20	19		"Telephone Solicitations. 7
21	20		"§ 75-100. Findings. 8
22	21		… 9
23	22		"§ 75-101. Definitions. 10
24	23		The following definitions apply in this Article: 11
25	24		(1) Affiliate. – A business establishment, business, or other legal entity that 12
26	25		wholly or substantially owns, is wholly or substantially owned by, or is under 13
27	26		common ownership with a telephone solicitor. 14
28	27		(2) Automatic dialing and recorded message player. – Any automatic equipment 15
29	28		that incorporates a storage capability of telephone numbers to be called or a 16
30	29		random or a sequential number generator capable of producing numbers to be 17
31	30		called that, working alone or in conjunction with other equipment, 18
32	31		disseminates a prerecorded message to the telephone number called. 19
33	32		(3) "Do Not Call" Registry. – The registry created and maintained by the Federal 20
34	33		Trade Commission pursuant to the Telemarketing Sales Rule. It also means 21
35	34		any other telemarketing registry created by the federal government, including 22
36	35		the Federal Communications Commission. It also means any registry created 23
37	36		by the Attorney General pursuant to G.S. 75-102(n). 24
38	37		(4) Doing business in this State. – To make or cause to be made any telephone 25
39	38		solicitation to North Carolina telephone subscribers, whether the telephone 26
40	39		solicitations are made from a location inside North Carolina or outside North 27
41	40		Carolina. 28
42	41		(5) Established business relationship. – A relationship between a seller and a 29
43	42		consumer based on: 30
44	43		a. The consumer's purchase, rental, or lease of the seller's goods or 31
45	44		services or a financial transaction between the consumer and the seller 32
46	45		or one or more of its affiliates within the 18 months immediately 33
47		-	preceding the date of a telephone solicitation; or 34 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 936-First Edition
	46	+	preceding the date of a telephone solicitation; or 34
	47	+	H.B. 936
	48	+	Apr 10, 2025
	49	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	50	+	Page 2 DRH10432-MC-157
49	51		b. The consumer's inquiry or application regarding a product or service 1
50	52		offered by the seller within the three months immediately preceding 2
51	53		the date of a telephone solicitation. 3
52	54		(6) Express invitation or permission. – Any invitation or permission that is 4
53	55		registered by the telephone subscriber on an independent form and that 5
54	56		contains the telephone number to which calls can be placed and the signature 6
55	57		of the telephone subscriber. The form may be completed and signed 7
56	58		electronically. 8
57	59		(7) Person. – Any individual, business establishment, business, or other legal 9
58	60		entity. 10
59	61		(7a) Prior express written consent. – An agreement, in writing, bearing the 11
60	62		signature of the telephone subscriber that clearly authorizes the telephone 12
61	63		solicitor to deliver or cause to be delivered to the telephone subscriber 13
62	64		telephone solicitations, and the telephone number to which the signatory 14
63	65		authorizes such telephone solicitations to be delivered. Prior express written 15
64	66		consent for a call or text (i) shall be to a single person; (ii) may be obtained 16
65	67		only after clear and conspicuous disclosure that the telephone subscriber will 17
66	68		receive future calls on behalf of a specific seller; (iii) is effective if the form 18
67	69		of signature is recognized as a valid signature under applicable federal or State 19
68	70		law; and (iv) is nontransferrable. 20
69	71		(7b) Robocall. – A voice communication that delivers artificial, artificially 21
70	72		generated, or prerecorded voice messages, in whole or in part, including, but 22
71	73		not limited to, telephone calls utilizing soundboard technology and ringless 23
72	74		voicemail messages. "Robocall" also includes spam and scam text messages 24
73	75		received by a telephone subscriber through a messaging application. 25
74	76		(7c) Robocaller. – Any person doing business in this State that, directly or through 26
75	77		others, makes, attempts to make, causes to be made, or otherwise provides 27
76	78		substantial assistance or support for making robocalls. 28
77	79		(8) Telemarketing Sales Rule. – The federal regulation promulgated by the 29
78	80		Federal Trade Commission, 16 C.F.R. Part 310 (January 29, 2003 Edition), as 30
79	81		amended, to implement the Telemarketing and Consumer Fraud and Abuse 31
80	82		Prevention Act, 15 U.S.C. §§ 6101-6108, as amended. 32
81	83		(9) Telephone solicitation. – A voice or text communication, whether 33
82	84		prerecorded, live, or a facsimile, over a telephone line or wireless telephone 34
83	85		network or via a commercial mobile radio service that is made by a telephone 35
84	86		solicitor to a telephone subscriber for the purpose of soliciting or encouraging 36
85	87		the purchase or rental of, or investment in, property, goods, or services; 37
86	88		obtaining or providing information that will or may be used for that purpose; 38
87	89		soliciting or encouraging a telephone subscriber's participation in any contest, 39
88	90		sweepstakes, raffle, or lottery, whether legal or illegal; or obtaining a 40
89	91		charitable donation. "Telephone solicitation" also includes those transactions 41
90	92		that are defined as "telemarketing" under the Telemarketing Sales Rule. 42
91	93		(10) Telephone solicitor. – Any individual, business establishment, business, or 43
92	94		other legal entity person doing business in this State that, directly or through 44
93	95		salespersons or agents, makes or makes, attempts to make make, causes to be 45
94	96		made, or otherwise provides substantial assistance or support for making 46
95	97		telephone solicitations or causes telephone solicitations to be made. 47
96	98		solicitations. "Telephone solicitor" also includes any party defined as a 48
97	99		"telemarketer" under the Telemarketing Sales Rule. 49
98	100		(11) Telephone subscriber. – An individual who subscribes to a residential 50
99	101		telephone service from a local exchange company, a competing local provider 51 General Assembly Of North Carolina Session 2025
100		-	~~House Bill 936-First Edition~~ Page 3
	102	+	DRH10432-MC-157 Page 3
101	103		certified to do business in North Carolina, or a wireless telephone company; 1
102	104		or the individuals living or residing with that individual. 2
103	105		(12) Unsolicited telephone call. – A voice or text communication, whether 3
104	106		prerecorded, live, or a facsimile, over a telephone line or wireless telephone 4
105	107		network or via a commercial mobile radio service that is made by a person to 5
106	108		a telephone subscriber without prior express invitation or permission. 6
107	109		"§ 75-102. Restrictions on telephone solicitations. 7
108	110		… 8
109	111		(f) No telephone solicitor shall make a telephone solicitation solicitation, and no robocall 9
110	112		may be made, before 8:00 A.M. or after 9:00 P.M. 10
111	113		… 11
112	114		(h) No telephone solicitor or robocaller shall engage in threats, intimidation, or the use 12
113	115		of profane or obscene language. 13
114	116		(i) No telephone solicitor shall cause misleading information to be transmitted to users 14
115	117		of caller identification technologies or otherwise block or misrepresent the origin of the telephone 15
116	118		solicitation. No provider of telephone caller identification services shall be held liable for 16
117	119		violations of this subsection committed by other individuals or entities. It is not a violation of 17
118	120		this subsection for a telephone solicitor to utilize the name and number of the entity the 18
119	121		solicitation is being made on behalf of rather than the name and number of the telephone solicitor. 19
120	122		… 20
121	123		(k) Nothing in this section prohibits a telephone solicitor from contacting by 21
122	124		nontelephonic notice a telephone subscriber whose telephone number appears in the "Do Not 22
123	125		Call" Registry to obtain the telephone subscriber's express invitation or permission prior express 23
124	126		written consent allowing the telephone solicitor to make telephone solicitations to the telephone 24
125	127		subscriber. A telephone solicitor shall not contact a telephone subscriber by telephone to obtain 25
126	128		this express invitation or permission.prior express written consent. 26
127	129		(l) Nothing in this section prohibits a telephone solicitor from advertising in a general 27
128	130		medium or contacting by nontelephonic notice a telephone subscriber whose telephone number 28
129	131		appears in the "Do Not Call" Registry to encourage the telephone subscriber to initiate telephone 29
130	132		calls to the telephone solicitor. A telephone solicitor shall not contact a telephone subscriber by 30
131	133		telephone to obtain this express invitation or permission.prior express written consent. 31
132	134		… 32
133	135		"§ 75-103. Limited exceptions. 33
134	136		(a) G.S. 75-102(a) does not apply to any of the following telephone solicitations that are 34
135	137		made: 35
136	138		(1) To any telephone subscriber with the telephone subscriber's prior express 36
137	139		invitation or permission.prior express written consent. 37
138	140		… 38
139	141		(e) In any dispute regarding whether a telephone subscriber has provided an express 39
140	142		invitation or permission prior express written consent under subsection (a) of this section, the 40
141	143		telephone solicitor has the burden of proving that the telephone subscriber has provided this 41
142	144		permission consent by producing the original document, a facsimile document, or an electronic 42
143	145		form, signed by the telephone subscriber, or other authentication that evidences permission. 43
144	146		consent. A telephone subscriber may subsequently retract express invitation or permission prior 44
145	147		express written consent by indicating a desire not to receive further telephone solicitations under 45
146	148		G.S. 75-102(b). 46
147	149		"§ 75-104. Restrictions on use of automatic dialing and recorded message players.robocalls. 47
148	150		(a) Except as provided in this section, no person may use an automatic dialing and 48
149	151		recorded message player to make an unsolicited telephone call.make a robocall to a telephone 49
150	152		number. 50 General Assembly Of North Carolina Session 2025
151		-	Page 4 ~~House Bill 936-First Edition~~
	153	+	Page 4 DRH10432-MC-157
152	154		(b) Notwithstanding subsection (a) of this section, a person may use an automatic dialing 1
153	155		and recorded message player to make an unsolicited telephone call make a robocall only under 2
154	156		one or more of the following circumstances: 3
155	157		(1) All of the following are satisfied: 4
156	158		a. The person making the call robocall is any of the following: 5
157	159		1. A tax-exempt charitable or civic organization. 6
158	160		2. A political party or political candidate. 7
159	161		3. A governmental official. 8
160	162		4. An opinion polling organization, radio station, television 9
161	163		station, cable television company, or broadcast rating service 10
162	164		conducting a public opinion poll. 11
163	165		b. No part of the call robocall is used to make a telephone solicitation. 12
164	166		c. The person making the call robocall clearly identifies the person's 13
165	167		name and contact information and the nature of the unsolicited 14
166	168		telephone call.robocall. 15
167	169		(2) Prior to the playing of the recorded message, robocall, a live operator complies 16
168	170		with G.S. 75-102(c), states the nature and length in minutes of the recorded 17
169	171		message, and asks for and receives prior approval to play the recorded 18
170	172		message from the person receiving the call. 19
171	173		(3) The unsolicited telephone call robocall is in connection with an existing debt 20
172	174		or contract for which payment or performance has not been completed at the 21
173	175		time of the unsolicited telephone call, robocall, and both of the following are 22
174	176		satisfied: 23
175	177		a. No part of the call robocall is used to make a telephone solicitation. 24
176	178		b. The person making the call robocall clearly identifies the person's 25
177	179		name and contact information and the nature of the unsolicited 26
178	180		telephone call.robocall. 27
179	181		(4) The unsolicited telephone call robocall is placed by a person with whom the 28
180	182		telephone subscriber has made an appointment, provided that the call robocall 29
181	183		is conveying information only about the appointment, or by a utility, telephone 30
182	184		company, cable television company, satellite television company, or similar 31
183	185		entity for the sole purpose of conveying information or news about network 32
184	186		outages, repairs or service interruptions, and confirmation calls robocalls 33
185	187		related to restoration of service, and both of the following are satisfied: 34
186	188		a. No part of the call robocall is used to make a telephone solicitation. 35
187	189		b. The person making the call robocall clearly identifies the person's 36
188	190		name and contact information and the nature of the unsolicited 37
189	191		telephone call.robocall. 38
190	192		(5) The person plays the recorded message robocall in order to comply with 39
191	193		section 16 C.F.R. Part 310.4(b)(4) of the Telemarketing Sales Rule. 40
192	194		(6) The unsolicited telephone call robocall is placed by, or on behalf of, a health 41
193	195		insurer as defined in G.S. 58-51-115(a)(2) from whom the telephone 42
194	196		subscriber or other covered family member of the health insurer receives 43
195	197		health care coverage or the administration of such coverage, provided that the 44
196	198		call robocall is conveying information related to the telephone subscriber or 45
197	199		family member's health care, preventive services, medication or other covered 46
198	200		benefits, and both of the following are satisfied: 47
199	201		a. No part of the call robocall is used to make a telephone solicitation. 48
200	202		b. The person making the call robocall clearly identifies the person's 49
201	203		name and contact information and the nature of the unsolicited 50
202	204		telephone call.robocall. 51 General Assembly Of North Carolina Session 2025
203		-	~~House Bill 936-First Edition~~ Page 5
	205	+	DRH10432-MC-157 Page 5
204	206		(7) No part of the call robocall is used to make a telephone solicitation, the person 1
205	207		making the call robocall clearly identifies the person's contact information and 2
206	208		the nature of the unsolicited telephone call, robocall, and the sole purpose of 3
207	209		the unsolicited telephone call robocall is to protect the public health, safety, 4
208	210		or welfare, by informing the telephone subscriber of any of the following: 5
209	211		a. That the telephone subscriber has purchased a product that is subject 6
210	212		to a recall by the product's manufacturer, distributor or retailer, or by 7
211	213		the federal Consumer Product Safety Commission or another 8
212	214		government agency or department with legal authority to recall the 9
213	215		product which is the subject of the call, robocall, due to safety or health 10
214	216		concerns, provided that (i) there is a reasonable basis to believe that 11
215	217		the telephone subscriber has purchased the product, and (ii) the 12
216	218		message complies with any requirements imposed by any government 13
217	219		agency instituting the recall. 14
218	220		b. That the telephone subscriber may have received a prescription or 15
219	221		over-the-counter medication that is subject to a recall by the product's 16
220	222		manufacturer, distributor or retailer, or by the federal Food and Drug 17
221	223		Administration or another government agency or department with 18
222	224		legal authority to recall the product which is the subject of the call, 19
223	225		robocall, due to safety or health concerns, provided that (i) the call 20
224	226		robocall and its message comply with the requirements of the Health 21
225	227		Insurance Portability and Accountability Act (P.L. 104-191) (HIPAA) 22
226	228		and any corresponding regulations pertaining to privacy, (ii) there is a 23
227	229		reasonable basis to believe that the telephone subscriber has purchased 24
228	230		or received the medication, and (iii) the message complies with any 25
229	231		requirements imposed by the government agency or product 26
230	232		manufacturer, distributor, or retailer instituting the recall. 27
231	233		c. That the telephone subscriber has not picked up a filled prescription 28
232	234		drug for which a valid prescription is on file with a pharmacy licensed 29
233	235		pursuant to G.S. 90-85.21 and the telephone subscriber requested that 30
234	236		the prescription be filled, provided that the call robocall and its 31
235	237		message comply with the requirements of the Health Insurance 32
236	238		Portability and Accountability Act (P.L. 104-191) (HIPAA) and any 33
237	239		corresponding regulations pertaining to privacy. 34
238	240		(8) The call robocall is generated from a court proceeding notification system 35
239	241		established by the Administrative Office of the Courts. 36
240	242		"§ 75-104A. Restrictions on spoofing and impersonating government officials. 37
241	243		(a) No telephone solicitor or robocaller shall cause misleading information to be 38
242	244		transmitted to users of caller identification technologies or otherwise block or misrepresent the 39
243	245		origin of a telephone solicitation or robocall. No provider of telephone caller identification 40
244	246		services shall be held liable for violations of this subsection committed by other individuals or 41
245	247		entities. It is not a violation of this subsection for a telephone solicitor to utilize the name and 42
246	248		number of the entity the solicitation is being made on behalf of rather than the name and number 43
247	249		of the telephone solicitor. 44
248	250		(b) No telephone solicitor or robocaller shall impersonate any federal, State, or local 45
249	251		government official, law enforcement professional, or government agency in order to defraud, 46
250	252		confuse, or financially or otherwise injure the telephone subscriber or in order to obtain personal 47
251	253		information from the telephone subscriber that may be used in a fraudulent or unlawful manner. 48
252	254		"§ 75-105. Enforcement. 49
253	255		(a) The Attorney General may investigate any complaints received alleging violation of 50
254	256		this Article. If the Attorney General finds that there has been a violation of this Article, the 51 General Assembly Of North Carolina Session 2025
255		-	Page 6 ~~House Bill 936-First Edition~~
	257	+	Page 6 DRH10432-MC-157
256	258		Attorney General may bring an action to impose civil penalties and to seek any other appropriate 1
257	259		relief pursuant to this Chapter, including equitable relief to restrain the violation. If the Attorney 2
258	260		General brings an action on behalf of telephone subscribers pursuant to subsection (b) of this 3
259	261		section, the Attorney General may not seek treble damages on behalf of telephone subscribers 4
260	262		pursuant to G.S. 75-16. Actions for civil penalties under this section shall be consistent with the 5
261	263		provisions of this Chapter except that the penalty imposed for a violation of this Article shall be 6
262	264		either of the following: 7
263	265		(1) Five hundred dollars ($500.00) for the first violation, one thousand dollars 8
264	266		($1,000) for the second violation, and five thousand dollars ($5,000) for the 9
265	267		third and any other violation that occurs within two years of the first violation. 10
266	268		(2) One hundred dollars ($100.00) for each violation within two years of the first 11
267	269		violation, if the solicitor or robocaller can show that the violations are the 12
268	270		result of a mistake and the telephone solicitor or robocaller either made the 13
269	271		telephone solicitation or robocall under G.S. 75-103(a)(1), (2), (3), (4), and 14
270	272		(5), or can show that the telephone solicitor complied with G.S. 75-102(d). 15
271	273		This subsection does not apply if the telephone solicitor or robocaller violated 16
272	274		G.S. 75-104A. 17
273	275		If a single call violates multiple provisions of this Article, penalties shall be assessed for each 18
274	276		violation of the provisions of this Article caused by that call. 19
275	277		(a1) There is a rebuttable presumption that a telephone subscriber with a North Carolina 20
276	278		area code is a North Carolina resident or in North Carolina at the time a telephone solicitation or 21
277	279		robocall is made. 22
278	280		(b) A telephone subscriber who has received a robocall or a telephone solicitation from 23
279	281		or on behalf of a telephone solicitor or robocaller in violation of this Article may bring any of the 24
280	282		following actions in civil court: 25
281	283		(1) An action to enjoin further violations of this Article by the telephone 26
282	284		solicitor.solicitor or robocaller. 27
283	285		(2) An action to recover five hundred dollars ($500.00) for the first violation, one 28
284	286		thousand dollars ($1,000) for the second violation, and five thousand dollars 29
285	287		($5,000) for the third and any other violation that occurs within two years of 30
286	288		the first violation. 31
287	289		If a single call violates multiple provisions of this Article, penalties shall be assessed for each 32
288	290		violation of the provisions of this Article caused by that call. 33
289	291		(c) No action may be brought under subsection (b) of this section if the violations are a 34
290	292		result of mistake and the telephone solicitor either made the telephone solicitation under 35
291	293		G.S. 75-103(a)(1), (2), (3), (4), and (5), or can show that the telephone solicitor complied with 36
292	294		G.S. 75-102(d). An action may be brought under subsection (b) of this section if the telephone 37
293	295		solicitor or robocaller violated G.S. 75-104A. 38
294	296		…." 39
295	297		SECTION 2. G.S. 75-115(3) reads as rewritten: 40
296	298		"(3) Unsolicited advertisement. – Any material advertising the commercial availability or 41
297	299		quality of any property, goods, or services that is transmitted to any person or entity without that 42
298	300		person's or entity's prior express invitation or permission. prior express written consent. Prior 43
299	301		express invitation or permission may be obtained for a specific or unlimited number of 44
300	302		advertisements and may be obtained for a specific or unlimited period of time.written consent 45
301	303		may be obtained in accordance with G.S. 75-101." 46
302	304		SECTION 3. This act becomes effective October 1, 2025, and applies, for causes of 47
303	305		action, to telephone solicitations in violation of this act occurring on or after that date. 48