Conn. Gen. Stat. § 42-284

Current with legislation from the 2024 Regular and Special Sessions.

Section 42-284 - Definitions

As used in this section, sections 42-285 to 42-289, inclusive:

(1) "Automated dialing system" means a device that (A) automatically dials a telephone number, or (B) makes a connection to an end user by means of an automated system that is used to dial a telephone number and transmit a voice communication;

(2) "Caller identification service or device" means any telephone service or device which permits a consumer to view the telephone number, caller name or caller location for an incoming telephonic sales call;

(3) "Commissioner" means the Commissioner of Consumer Protection;

(4) "Consumer" means an actual or prospective purchaser, lessee or recipient of goods or services;

(5) "Consumer goods or services" means articles or services that are purchased, leased, exchanged or received primarily for personal, family or household purposes, and includes, but is not limited to, warranties, gift cards, stocks, bonds, mutual funds, annuities and other financial products;

(6) "Department" means the Department of Consumer Protection;

(7) "Doing business in this state" includes, but is not limited to, conducting one or more telephonic sales calls (A) from a location in this state, (B) from a location outside of this state to resident consumers, or (C) made to a resident consumer or to a telephone number with a Connecticut area code;

(8) "Established business relationship" means an existing relationship that is formed by a voluntary two-way communication between a consumer or entity and a business, with or without an exchange of consideration, on the basis of an application, purchase or transaction regarding property, goods or services offered by the business or entity, which relationship has not been previously terminated by either party;

(9) "Marketing or sales solicitation" means the initiation of a communication, including, but not limited to, a communication made using a telephone call or message, an automated dialing system, a recorded message device, a call using soundboard technology, an over-the-top message or a text or media message, to encourage the purchase or rental of, or investment in, property, goods, services or anything of value that is transmitted to any resident consumer or a telephone number with a Connecticut area code, but does not include the initiation of any such communication (A) to any resident consumer with such resident consumer's prior express written consent if an advance, clear, conspicuous and detailed written disclosure of the scope of such consent was provided to such resident consumer, (B) to any resident consumer in response to a visit made by such resident consumer to an establishment selling, leasing or exchanging consumer goods or services at a fixed location, or (C) to any resident consumer with whom the telemarketer has an established business relationship;

(10) "National Do Not Call Registry" means the registry maintained by the Federal Trade Commission pursuant to 15 USC 6102(a), 16 CFR 310 and 47 CFR 64.1200, as amended from time to time;

(11) "Over-the-top message" means a text-based communication on a platform that uses existing Internet services to deliver messages;

(12) "Person" means an individual, corporation, nonprofit corporation, trust, partnership, limited partnership, incorporated or unincorporated association, limited liability company and any other legal entity;

(13) "Personally identifying information" means an individual's (A) date of birth, (B) mother's maiden name, (C) motor vehicle operator's license number, (D) Social Security number, (E) health insurance identification number, (F) financial account number, (G) security code or personal identification number, or (H) government-issued identification number that is not otherwise made directly available to the public;

(14) "Prior express written consent" means a written agreement that (A) discloses (i) the means by which the telemarketer will call or contact the consumer, including, but not limited to, a telephone system, an automated dialing system, a recorded message device, soundboard technology, over-the-top messaging or text or media messaging, and (ii) the telephone number to which the consumer authorizes the telemarketer to deliver, or cause to be delivered, advertisements or telemarketing messages, (B) clearly and conspicuously authorizes the telemarketer to deliver, or cause to be delivered, to the consumer advertisements or telemarketing messages by way of the means (i) described in subparagraph (A)(i) of this subdivision, and (ii) disclosed in such written agreement, and (C) bears the signature of the consumer;

(15) "Resident consumer" means a consumer who is a resident of this state;

(16) "Soundboard technology" means a technology that allows an individual to communicate with a call recipient in real-time by playing a recorded audio message instead of using the individual's voice;

(17) "Telemarketer" means any person, or any affiliate or subsidiary of any person, doing business in this state that makes, or causes to be made, a telephonic sales call, initiates the sale, lease or rental of consumer goods or services, or offers gifts or prizes with the intent to sell, lease or rent consumer goods by:

(A) Telephonic means;

(B) use of television, radio or printed advertisement, postcard or other written notice with requests that the resident consumer contact the seller by telephone to inquire about goods or services and such advertisement, postcard or notice does not contain the price or a description of the goods or services;

(C) automated dialing system;

(D) recorded message device;

(E) soundboard technology;

(F) over-the-top message; or

(G) text or media message;

(18) "Telephonic sales call" (A) means a telephone call made to a resident consumer or a telephone number with a Connecticut area code by or on behalf of a telemarketer, including, but not limited to, a telephone call made by way of a live voice, an automated dialing system, a recorded message device, soundboard technology, over-the-top messaging or text or media messaging, for the purpose of (i) engaging in a marketing or sales solicitation, (ii) soliciting an extension of credit for consumer goods or services, (iii) obtaining information that will or may be used for a marketing or sales solicitation or an exchange or extension of credit for consumer goods or services, (iv) encouraging such resident consumer to share any personally identifying information or purchase or invest in any property, goods, services or other thing of value if such resident consumer did not previously express any interest in sharing such personally identifying information or purchasing or investing in such property, goods, services or other thing of value, or (v) soliciting such resident consumer to donate any money, property, goods, services or other thing of value if such resident consumer did not previously express any interest in donating such money, property, goods, services or other thing of value, and (B) does not include a telephone call or message described in subparagraph (A) of this subdivision if (i) such call is made or message is sent in response to a request or inquiry made by a resident consumer, including a call or message concerning an item that such resident consumer purchased from the telemarketer during the twelve-month period preceding such call or message, (ii) such call is made or message is sent by a nonprofit organization to a consumer who is on a list of bona fide or active members of such nonprofit organization, (iii) such call or message is limited to polling or soliciting votes or the expression of an idea or opinion, (iv) such call is made or message is sent as part of a business-to-business contact, (v) such call is made or message is sent to a resident consumer who granted prior express written consent to receiving such call or message, (vi) such call is made or message is sent primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call or message, (vii) such call is made or message is sent to an existing customer of a telemarketer unless such customer previously informed the telemarketer, orally or in writing, that such customer no longer wishes to receive such calls or messages from such telemarketer, or (viii) such call is made or message is sent for a religious, charitable, political or other noncommercial purpose;

(19) "Text or media message" (A) means a message that consists of text or any image, sound or other information that is transmitted by or to a device that is identified as the device that sent or received such text, image, sound or information by using a ten-digit telephone number or N11 service code, (B) includes a short message and multimedia message service that contains written, audio, video or photographic content and is sent electronically to a mobile telephone or mobile electronic device telephone number, and (C) does not include electronic mail sent to an electronic mail address; and

(20) "Voice communication" (A) means a communication that is made by an individual, in whole or in part, by using an artificial message, a prerecorded message or a live voice, (B) includes, but is not limited to, a voice message transmitted directly to a recipient's voicemail regardless of whether the recipient's phone rings as part of the transmission, and (C) does not include an automated warning required by law.

Conn. Gen. Stat. § 42-284

( P.A. 96-196 , S. 1 .)

Amended by P.A. 23-0098,S. 8 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.