§ 5-63-204 - Automated telephone solicitation.
               	 		
5-63-204.    Automated telephone solicitation.
    (a)    (1)  It  is unlawful for any person to use a telephone for the purpose of  offering any goods or services for sale, or for conveying information  regarding any goods or services for the purpose of soliciting the sale  or purchase of the goods or services, or for soliciting information,  gathering data, or for any other purpose in connection with a political  campaign when the use involves an automated system for the selection and  dialing of telephone numbers and the playing of recorded messages when a  message is completed to the called number.
      (2)  However, nothing in this section prohibits the use of:
            (A)  A  telephone involving an automated system for the selection and dialing  of telephone numbers and the play of recorded messages to:
                  (i)  Inform  the purchaser of the goods or services concerning receipt and  availability of the goods or services for delivery to the purchaser; or
                  (ii)  Convey  information concerning any delay or pertinent information about the  current status of any purchase order previously made; or
            (B)  An  automated telephone system with a recorded message when the call is  made or message given solely in response to a call initiated by the  person to which the automatic call or recorded message is directed.
(b)  Any  person who violates any provision of this section upon conviction is  guilty of a Class B misdemeanor and shall be punished accordingly.
(c)    (1)  The  Attorney General, a prosecuting attorney, any law enforcement officer,  or any telephone company serving an area from which automated telephone  calls are made may seek injunctive relief to enforce the provision of  this section.
      (2)  If a civil  action is filed pursuant to this section, the prevailing party is  entitled to a reasonable attorney's fee and court costs.