Monthly Compliance Update, February 2011
Compliance Webinar - 2011 Legal
Indiana Doubles Down on DNC
To accomplish these changes, HR 1273 starts by amending Indiana's definition for a "consumer" in the DNC law. Currently, a "consumer" is defined as a residential telephone subscriber who is an actual or a prospective purchaser or charitable donor. Under the proposed new law, a consumer is still a "residential telephone subscriber" but the common understanding of that term (i.e., an owner of a landline at a residence) is substantially changed. Specifically, the new language expands the coverage of the DNC law to any consumer who, for the telephone service received, has a "place of primary use" in Indiana, or is issued an Indiana telephone or identification number.
What's a "place of primary use"? Glad you asked. This term is defined as the street address representative of where the consumer's use of the telephone service "primarily" occurs, which could be a residential street address, or a VOIP user's registered location, or, in the case of mobile telco services, the licensed service area of the home service provider. Bottom line here? Indiana DNC rules now cover all wireless numbers (standard and prepaid calling services) as well as VOIP numbers.
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