§ 86-256. Automatic dialing-announcing device; registration required; when; message requirements; liability; filing required.
People using an automatic dialing-announcing device for non-solicitation calls must register it, include a detailed explanation, and follow required message-identification and calling-hour rules.
(1) Any person using an automatic dialing-announcing device other than for telephone solicitations 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. (2) All telephone messages transmitted by an automatic dialing-announcing device other than telephone solicitations shall: (a) At the beginning of the message, state clearly the identity of the person on whose behalf the message is being transmitted; (b) During or after the message, state clearly the telephone number, other than that of the device which made the call, or address of the person operating the device; and (c) Transmit messages only between the hours of 8 a.m. and 9 p.m. at the location of the person receiving the message. (3) This section does not apply to (a) a message from any elementary, secondary, or postsecondary educational institution to any of its students, parents, or employees, (b) 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, (c) a message from an employer advising any of its employees of work schedules, or (d) a message from a political subdivision as defined in section 13-903. (4) 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. (5) A person 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 hours after the message is transmitted. History: Laws 1993, LB 305, § 21; R.S.1943, (1999), § 86-1221; Laws 2002, LB 1105, § 118; Laws 2008, LB720, § 5.