Title 47 Section 227 US Code

Here be the law that is supposed to cover junk Email...... JRO



� 227. Restrictions on use of telephone equipment 



�(a) Definitions 

As used in this section - 
�(1) The term ''automatic telephone dialing system'' means equipment which
has the capacity - 
�(A) to store or produce telephone numbers to be called, using a random or
sequential number generator; and �(B) to dial such numbers. 
�(2) The term ''telephone facsimile machine'' means equipment which has the
capacity (A) to transcribe text or images, or both, from paper into an
electronic signal and to transmit that signal over a regular telephone
line, or (B) to transcribe text or images (or both) from an electronic
signal received over a regular telephone line onto paper. �(3) The term
''telephone solicitation'' means the initiation of a telephone call or
message for the purpose of encouraging the purchase or rental of, or
investment in, property, goods, or services, which is transmitted to any
person, but such term does not include a call or message (A) to any person
with that person's prior express invitation or permission, (B) to any
person with whom the caller has an established business relationship, or
(C) by a tax exempt nonprofit organization. �(4) The term ''unsolicited
advertisement'' means any material advertising the commercial availability
or quality of any property, goods, or services which is transmitted to any
person without that person's prior express invitation or permission. 
�(b) Restrictions on use of automated telephone equipment 
�(1) Prohibitions 

It shall be unlawful for any person within the United States - 
�(A) to make any call (other than a call made for emergency purposes or
made with the prior express consent of the called party) using any
automatic telephone dialing system or an artificial or prerecorded voice - 
�(i) to any emergency telephone line (including any ''911'' line and any
emergency line of a hospital, medical physician or service office, health
care facility, poison control center, or fire protection or law enforcement
agency); �(ii) to the telephone line of any guest room or patient room of a
hospital, health care facility, elderly home, or similar establishment; or
�(iii) to any telephone number assigned to a paging service, cellular
telephone service, specialized mobile radio service, or other radio common
carrier service, or any service for which the called party is charged for
the call; 
�(B) to initiate any telephone call to any residential telephone line using
an artificial or prerecorded voice to deliver a message without the prior
express consent of the called party, unless the call is initiated for
emergency purposes or is exempted by rule or order by the Commission under
paragraph (2)(B); �(C) to use any telephone facsimile machine, computer, or
other device to send an unsolicited advertisement to a telephone facsimile
machine; or �(D) to use an automatic telephone dialing system in such a way
that two or more telephone lines of a multi-line business are engaged
simultaneously. 
�(2) Regulations; exemptions and other provisions 

The Commission shall prescribe regulations to implement the requirements of
this subsection. In implementing the requirements of this subsection, the
Commission - 
�(A) shall consider prescribing regulations to allow businesses to avoid
receiving calls made using an artificial or prerecorded voice to which they
have not given their prior express consent; �(B) may, by rule or order,
exempt from the requirements of paragraph (1)(B) of this subsection,
subject to such conditions as the Commission may prescribe - 
�(i) calls that are not made for a commercial purpose; and �(ii) such
classes or categories of calls made for commercial purposes as the
Commission determines - (I) will not adversely affect the privacy rights
that this section is intended to protect; and (II) do not include the
transmission of any unsolicited advertisement; and 
�(C) may, by rule or order, exempt from the requirements of paragraph
(1)(A)(iii) of this subsection calls to a telephone number assigned to a
cellular telephone service that are not charged to the called party,
subject to such conditions as the Commission may prescribe as necessary in
the interest of the privacy rights this section is intended to protect. 
�(3) Private right of action 

A person or entity may, if otherwise permitted by the laws or rules of
court of a State, bring in an appropriate court of that State - 
�(A) an action based on a violation of this subsection or the regulations
prescribed under this subsection to enjoin such violation, �(B) an action
to recover for actual monetary loss from such a violation, or to receive
$500 in damages for each such violation, whichever is greater, or �(C) both
such actions. If the court finds that the defendant willfully or knowingly
violated this subsection or the regulations prescribed under this
subsection, the court may, in its discretion, increase the amount of the
award to an amount equal to not more than 3 times the amount available
under subparagraph (B) of this paragraph. 

�(c) Protection of subscriber privacy rights 
�(1) Rulemaking proceeding required 

Within 120 days after December 20, 1991, the Commission shall initiate a
rulemaking proceeding concerning the need to protect residential telephone
subscribers' privacy rights to avoid receiving telephone solicitations to
which they object. The proceeding shall - 
�(A) compare and evaluate alternative methods and procedures (including the
use of electronic databases, telephone network technologies, special
directory markings, industry-based or company-specific ''do not call''
systems, and any other alternatives, individually or in combination) for
their effectiveness in protecting such privacy rights, and in terms of
their cost and other advantages and disadvantages; �(B) evaluate the
categories of public and private entities that would have the capacity to
establish and administer such methods and procedures; �(C) consider whether
different methods and procedures may apply for local telephone
solicitations, such as local telephone solicitations of small businesses or
holders of second class mail permits; �(D) consider whether there is a need
for additional Commission authority to further restrict telephone
solicitations, including those calls exempted under subsection (a)(3) of
this section, and, if such a finding is made and supported by the record,
propose specific restrictions to the Congress; and �(E) develop proposed
regulations to implement the methods and procedures that the Commission
determines are most effective and efficient to accomplish the purposes of
this section. 
�(2) Regulations 

Not later than 9 months after December 20, 1991, the Commission shall
conclude the rulemaking proceeding initiated under paragraph (1) and shall
prescribe regulations to implement methods and procedures for protecting
the privacy rights described in such paragraph in an efficient, effective,
and economic manner and without the imposition of any additional charge to
telephone subscribers. �(3) Use of database permitted 

The regulations required by paragraph (2) may require the establishment and
operation of a single national database to compile a list of telephone
numbers of residential subscribers who object to receiving telephone
solicitations, and to make that compiled list and parts thereof available
for purchase. If the Commission determines to require such a database, such
regulations shall - 
�(A) specify a method by which the Commission will select an entity to
administer such database; �(B) require each common carrier providing
telephone exchange service, in accordance with regulations prescribed by
the Commission, to inform subscribers for telephone exchange service of the
opportunity to provide notification, in accordance with regulations
established under this paragraph, that such subscriber objects to receiving
telephone solicitations; �(C) specify the methods by which each telephone
subscriber shall be informed, by the common carrier that provides local
exchange service to that subscriber, of (i) the subscriber's right to give
or revoke a notification of an objection under subparagraph (A), and (ii)
the methods by which such right may be exercised by the subscriber; �(D)
specify the methods by which such objections shall be collected and added
to the database; �(E) prohibit any residential subscriber from being
charged for giving or revoking such notification or for being included in a
database compiled under this section; �(F) prohibit any person from making
or transmitting a telephone solicitation to the telephone number of any
subscriber included in such database; �(G) specify (i) the methods by which
any person desiring to make or transmit telephone solicitations will obtain
access to the database, by area code or local exchange prefix, as required
to avoid calling the telephone numbers of subscribers included in such
database; and (ii) the costs to be recovered from such persons; �(H)
specify the methods for recovering, from persons accessing such database,
the costs involved in identifying, collecting, updating, disseminating, and
selling, and other activities relating to, the operations of the database
that are incurred by the entities carrying out those activities; �(I)
specify the frequency with which such database will be updated and specify
the method by which such updating will take effect for purposes of
compliance with the regulations prescribed under this subsection; �(J) be
designed to enable States to use the database mechanism selected by the
Commission for purposes of administering or enforcing State law; �(K)
prohibit the use of such database for any purpose other than compliance
with the requirements of this section and any such State law and specify
methods for protection of the privacy rights of persons whose numbers are
included in such database; and �(L) require each common carrier providing
services to any person for the purpose of making telephone solicitations to
notify such person of the requirements of this section and the regulations
thereunder. 
�(4) Considerations required for use of database method 

If the Commission determines to require the database mechanism described in
paragraph (3), the Commission shall - 
�(A) in developing procedures for gaining access to the database, consider
the different needs of telemarketers conducting business on a national,
regional, State, or local level; �(B) develop a fee schedule or price
structure for recouping the cost of such database that recognizes such
differences and - 
�(i) reflect the relative costs of providing a national, regional, State,
or local list of phone numbers of subscribers who object to receiving
telephone solicitations; �(ii) reflect the relative costs of providing such
lists on paper or electronic media; and �(iii) not place an unreasonable
financial burden on small businesses; and 
�(C) consider (i) whether the needs of telemarketers operating on a local
basis could be met through special markings of area white pages
directories, and (ii) if such directories are needed as an adjunct to
database lists prepared by area code and local exchange prefix. 
�(5) Private right of action 

A person who has received more than one telephone call within any 12-month
period by or on behalf of the same entity in violation of the regulations
prescribed under this subsection may, if otherwise permitted by the laws or
rules of court of a State bring in an appropriate court of that State - 
�(A) an action based on a violation of the regulations prescribed under
this subsection to enjoin such violation, �(B) an action to recover for
actual monetary loss from such a violation, or to receive up to $500 in
damages for each such violation, whichever is greater, or �(C) both such
actions. It shall be an affirmative defense in any action brought under
this paragraph that the defendant has established and implemented, with due
care, reasonable practices and procedures to effectively prevent telephone
solicitations in violation of the regulations prescribed under this
subsection. If the court finds that the defendant willfully or knowingly
violated the regulations prescribed under this subsection, the court may,
in its discretion, increase the amount of the award to an amount equal to
not more than 3 times the amount available under subparagraph (B) of this
paragraph. 
�(6) Relation to subsection (b) 

The provisions of this subsection shall not be construed to permit a
communication prohibited by subsection (b) of this section. 
�(d) Technical and procedural standards 
�(1) Prohibition 

It shall be unlawful for any person within the United States - 
�(A) to initiate any communication using a telephone facsimile machine, or
to make any telephone call using any automatic telephone dialing system,
that does not comply with the technical and procedural standards prescribed
under this subsection, or to use any telephone facsimile machine or
automatic telephone dialing system in a manner that does not comply with
such standards; or �(B) to use a computer or other electronic device to
send any message via a telephone facsimile machine unless such person
clearly marks, in a margin at the top or bottom of each transmitted page of
the message or on the first page of the transmission, the date and time it
is sent and an identification of the business, other entity, or individual
sending the message and the telephone number of the sending machine or of
such business, other entity, or individual. 
�(2) Telephone facsimile machines 

The Commission shall revise the regulations setting technical and
procedural standards for telephone facsimile machines to require that any
such machine which is manufactured after one year after December 20, 1991,
clearly marks, in a margin at the top or bottom of each transmitted page or
on the first page of each transmission, the date and time sent, an
identification of the business, other entity, or individual sending the
message, and the telephone number of the sending machine or of such
business, other entity, or individual. �(3) Artificial or prerecorded voice
systems 

The Commission shall prescribe technical and procedural standards for
systems that are used to transmit any artificial or prerecorded voice
message via telephone. Such standards shall require that - 
�(A) all artificial or prerecorded telephone messages (i) shall, at the
beginning of the message, state clearly the identity of the business,
individual, or other entity initiating the call, and (ii) shall, during or
after the message, state clearly the telephone number or address of such
business, other entity, or individual; and �(B) any such system will
automatically release the called party's line within 5 seconds of the time
notification is transmitted to the system that the called party has hung
up, to allow the called party's line to be used to make or receive other
calls. 

�(e) Effect on State law 
�(1) State law not preempted 

Except for the standards prescribed under subsection (d) of this section
and subject to paragraph (2) of this subsection, nothing in this section or
in the regulations prescribed under this section shall preempt any State
law that imposes more restrictive intrastate requirements or regulations
on, or which prohibits - 
�(A) the use of telephone facsimile machines or other electronic devices to
send unsolicited advertisements; �(B) the use of automatic telephone
dialing systems; �(C) the use of artificial or prerecorded voice messages;
or �(D) the making of telephone solicitations. 
�(2) State use of databases 

If, pursuant to subsection (c)(3) of this section, the Commission requires
the establishment of a single national database of telephone numbers of
subscribers who object to receiving telephone solicitations, a State or
local authority may not, in its regulation of telephone solicitations,
require the use of any database, list, or listing system that does not
include the part of such single national database that relates to such
State. 
�(f) Actions by States 
�(1) Authority of States 

Whenever the attorney general of a State, or an official or agency
designated by a State, has reason to believe that any person has engaged or
is engaging in a pattern or practice of telephone calls or other
transmissions to residents of that State in violation of this section or
the regulations prescribed under this section, the State may bring a civil
action on behalf of its residents to enjoin such calls, an action to
recover for actual monetary loss or receive $500 in damages for each
violation, or both such actions. If the court finds the defendant willfully
or knowingly violated such regulations, the court may, in its discretion,
increase the amount of the award to an amount equal to not more than 3
times the amount available under the preceding sentence. �(2) Exclusive
jurisdiction of Federal courts 

The district courts of the United States, the United States courts of any
territory, and the District Court of the United States for the District of
Columbia shall have exclusive jurisdiction over all civil actions brought
under this subsection. Upon proper application, such courts shall also have
jurisdiction to issue writs of mandamus, or orders affording like relief,
commanding the defendant to comply with the provisions of this section or
regulations prescribed under this section, including the requirement that
the defendant take such action as is necessary to remove the danger of such
violation. Upon a proper showing, a permanent or temporary injunction or
restraining order shall be granted without bond. �(3) Rights of Commission 

The State shall serve prior written notice of any such civil action upon
the Commission and provide the Commission with a copy of its complaint,
except in any case where such prior notice is not feasible, in which case
the State shall serve such notice immediately upon instituting such action.
The Commission shall have the right (A) to intervene in the action, (B)
upon so intervening, to be heard on all matters arising therein, and (C) to
file petitions for appeal. �(4) Venue; service of process 

Any civil action brought under this subsection in a district court of the
United States may be brought in the district wherein the defendant is found
or is an inhabitant or transacts business or wherein the violation occurred
or is occurring, and process in such cases may be served in any district in
which the defendant is an inhabitant or where the defendant may be found.
�(5) Investigatory powers 

For purposes of bringing any civil action under this subsection, nothing in
this section shall prevent the attorney general of a State, or an official
or agency designated by a State, from exercising the powers conferred on
the attorney general or such official by the laws of such State to conduct
investigations or to administer oaths or affirmations or to compel the
attendance of witnesses or the production of documentary and other
evidence. �(6) Effect on State court proceedings 

Nothing contained in this subsection shall be construed to prohibit an
authorized State official from proceeding in State court on the basis of an
alleged violation of any general civil or criminal statute of such State.
�(7) Limitation 

Whenever the Commission has instituted a civil action for violation of
regulations prescribed under this section, no State may, during the
pendency of such action instituted by the Commission, subsequently
institute a civil action against any defendant named in the Commission's
complaint for any violation as alleged in the Commission's complaint. �(8)
''Attorney general'' defined 

As used in this subsection, the term ''attorney general'' means the chief
legal officer of a State.