291 Neb. Admin. Code, ch. 11, § 004

Current through September 17, 2024

Section 291-11-004 - AUTOMATIC DIALING-ANNOUNCING DEVICES USED FOR OTHER THAN TELEPHONE SOLICITATIONS OR UNSOLICITED ADVERSTISEMENTS

004.01 Registration

Any person using an automatic dialing-announcing device other than for telephone solicitations or unsolicited advertisements shall register the device with the Commission pursuant to the application process, without a fee, and shall include with the application a detailed explanation of the use planned and the message to be used.

004.02 Hours

A person may only make a telephone call for other than solicitation purposes using an automatic dialing-announcing device between the hours of 8:00 a.m. and 9:00 p.m., Monday through Saturday, and between the hours of 1:00 p.m. and 9:00 p.m., Sunday and legal holidays. All times indicated are local times of the party called.

004.03 Time Limit

No message transmitted by any automatic dialing-announcing device used for other than solicitation purposes shall exceed two (2) minutes in length.

004.04 Message Requirements

A person using an automatic dialing-announcing device other than for telephone solicitations or unsolicited advertisements shall deliver a message which:

004.04A At the beginning of the message states clearly the identity of the person on whose behalf the message is being transmitted

004.04B During or after the message, clearly states the telephone number, other than that of the device which made the call, or address of the person operating the device.

004.05 Exceptions to Registration

Section 004 does not apply to:

004.05A A message from any elementary, secondary, or postsecond-ary educational institution to any of its students, parents, or employees

004.05B A message to a person with whom the person placing the call or the person on whose behalf the message is being transmitted has an established business or personal relationship

004.05C A message from an employer advising any of its employees of work schedules; or

004.05D A message from a political subdivision as defined in Neb. Rev. Stat. § 13-903.

004.06 Filing of Script

A person using an automatic dialing-announcing device other than for telephone solicitations or unsolicited advertisements or contracting with a third party to connect or operate an automatic dialing-announcing device for other than telephone solicitations shall file with the Commission the message to be used within twenty-four (24) hours after the message is transmitted.

004.07 Joint and Several Liability

A person contracting with a third party to connect or operate an automatic dialing-announcing device for other than telephone solicitations shall be jointly and severally liable with the third party for connecting and operating the automatic dialing-announcing device in violation of the Automatic Dialing-Announcing Devices Act or the rules and regulations adopted and promulgated under the act.

291 Neb. Admin. Code, ch. 11, § 004