House committee substitute to the 1st edition makes the following changes.
Modifies the definition of telephone solicitor under GS 75-101 to include agents of the individual, business establishment, business or legal entity doing business in this State that, directly or through salespersons or agents, makes or attempts to make telephone solicitations or causes telephone solicitations (currently, agents are not included in the term). Makes conforming changes to GS 75-102 (restrictions on telephone solicitations). Now prevents any telephone solicitor from using any other alteration to the origin of the telephone solicitation that displays in a way to give the perception that the call originated from any other origin except the actual origin of the telephone solicitation in GS 75-102 (currently, statute just prohibits a telephone solicitor from causing misleading information to be transmitted to users of caller identification technologies or otherwise block or misrepresent the origin of the telephone solicitation). Expands the prohibitions under GS 75-104.1 (telephone carriers) by also preventing telephone carriers from providing numbers of telephone subscribers to any entity that it knows (1) has previously used telephone subscriber information to violate provisions of Article 4 of GS Chapter 75, or (2) has previously provided the information to another entity that has violated provisions of that article. Makes organizational changes. Limits the enforcement remedies for violations of GS 75-102(i) under GS 75-105 for actions by a telephone subscriber who have received a telephone solicitation from or on behalf of a telephone solicitor in violation of Article 4 to recover $10,000 for each call placed in knowing violation the statute. Removes provisions creating a Class H felony for knowing violations of GS 75-105(i).
ABUSE AND DECEPTION BY TELEMARKETERS.
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View NCGA Bill Details | 2025-2026 Session |
AN ACT TO ADDRESS ABUSE OF PRIVACY AND ACTS OF DECEPTION FROM TELEMARKETERS BY DISPLAYING PHONE NUMBERS THAT ARE FRAUDULENT AND MISREPRESENTATIVE OF THE ACTUAL CALLER.Intro. by Brody, Bell, Dahle, Gable.
Bill History:
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Tue, 25 Mar 2025 House: Filed
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Thu, 27 Mar 2025 House: Passed 1st Reading
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Tue, 6 May 2025 House: Reptd Fav Com Substitute
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Tue, 6 May 2025 House: Reptd Fav
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Tue, 6 May 2025 House: Cal Pursuant Rule 36(b)
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Tue, 6 May 2025 House: Placed On Cal For 05/07/2025
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Wed, 7 May 2025 House: Passed 2nd Reading
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Wed, 7 May 2025 House: Passed 3rd Reading
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Wed, 7 May 2025 House: Special Message Sent To Senate
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Wed, 7 May 2025 Senate: Special Message Received From House
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Wed, 7 May 2025 Senate: Passed 1st Reading
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Wed, 7 May 2025 Senate: Ref To Com On Rules and Operations of the Senate
Bill Summaries:
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Bill H 520 (2025-2026)Summary date: May 6 2025 - View Summary
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Bill H 520 (2025-2026)Summary date: Mar 25 2025 - View Summary
Contains whereas clauses. Expands the General Assembly’s findings pertaining to telephone solicitations to include the finding that a telephone number is the property of a telephone subscriber, subject to the terms and conditions of the subscriber's contract with a telephone carrier. Expands the prohibition under GS 75-102(i) on misleading information being transmitted to users of caller identification technologies or otherwise block or misrepresent the origin of the telephone solicitation to also prohibit those actions from being done by the agent of a telephone solicitor.
Enacts GS 75-104.1 preventing a telephone carrier from knowingly and intentionally transmitting, selling, or otherwise providing the numbers of telephone subscribers to any entity the telephone carrier knows will use the number to violate provisions of the act. Clarifies that a telephone carrier is not liable for a telemarketer’s violation of GS 75-102(i).
Expands the enforcement remedies under GS 75-105 for the described telephone subscribers to bring any action authorized pursuant GS 75-105 or GS Chapter 75 against the telemarketer initiating the call. Provides for an additional civil fine of $10,000 placed in knowing violation of GS 75-102(i) and makes such violations a Class H felony.
Applies to phone calls placed on or after December 1, 2025.