Section 291-11-001 - SCOPE001.01General: These rules and regulations govern the use of automatic dialing-announcing devices as set forth in the Automatic Dialing-Announcing Devices Act.
001.02Definitions: As set forth in this chapter, unless the context otherwise requires
001.02AAutomatic Dialing-Announcing Device: A device which selects and dials telephone numbers and automatically plays a recorded message.001.02BCommission: The Nebraska Public Service Commission.001.02CEmergency Purposes; Any situation affecting the health and safety of a consumer.001.02DEstablished Business Relationship: A prior or existing relationship formed by a voluntary two-way communication between a person and a residential or business telephone subscriber, with or without an exchange of consideration, on the basis of an inquiry, application, purchase, or transaction by the subscriber regarding products or services offered by the person, which relationship has not been previously terminated by either party.001.02EPerson: Any individual, firm, organization, corporation, company, association, partnership, joint stock association, body politic, common carrier, society, legal representative, trustee, receiver, assignee, guardian, executor or administrator.001.02FTelephone Solicitation: A telephone call or message using an automatic dialing-announcing device for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which call or message is transmitted to any person. The term shall not include a call or message: 001.02F1 Made to any person with the person's prior express invitation or permission;001.02F2 Made to any person with whom the caller has an established business relationship;001.02F3 Made by a tax-exempt nonprofit organization;001.02F4 Not made for commercial purposes;001.02F5 Made for a commercial purpose but which does not include the transmission of unsolicited advertisement; or,001.02F6 Placed by a live operator and a prerecorded message is not utilized. 001.02GUnsolicited Advertisement: Any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's express invitation or permission.291 Neb. Admin. Code, ch. 11, § 001