As used in this part 9, unless the context otherwise requires:
"Caller identification service" means a type of telephone service that permits telephone subscribers to see the telephone number of incoming telephone calls.
"Colorado no-call list" means the database of Colorado residential subscribers andwireless telephone service subscribers that have given notice, in accordance with rules promulgated under section 6-1-905, of such subscribers' objection to receiving telephone solicitations.
"Conforming consolidated no-call list" means any database that includes telephonenumbers of telephone subscribers that do not wish to receive telephone solicitations, if such database has been updated within the prior thirty days to include all of the telephone numbers on the Colorado no-call list.
"Conforming list broker" means any person or entity that provides lists for the purpose of telephone solicitation, if such lists shall have removed, at a minimum of every thirty days, any phone numbers that are included on the Colorado no-call list.
"Designated agent" means the party with which the public utilities commission contracts under section 6-1-905 (2).
"Electronic mail" means an electronic message that is transmitted between two ormore computers or electronic terminals. "Electronic mail" includes electronic messages that are transmitted within or between computer networks.
(a) "Established business relationship" means a relationship that:
Was formed, prior to the telephone solicitation, through a voluntary, two-way communication between a seller or telephone solicitor and a residential subscriber or wireless telephone service subscriber, with or without consideration, on the basis of an application, purchase, ongoing contractual agreement, or commercial transaction between the parties
regarding products or services offered by such seller or telephone solicitor; and
Has not been previously terminated by either party; and
Currently exists or has existed within the immediately preceding eighteen months.
(b) "Established business relationship", with respect to a financial institution or affiliate, as those terms are defined in section 527 of the federal "Gramm-Leach-Bliley Act", includes any situation in which a financial institution or affiliate makes solicitation calls related to other financial services offered, if the financial institution or affiliate is subject to the requirements regarding privacy of Title V of the federal "Gramm-Leach-Bliley Act", and the financial institution or affiliate regularly conducts business in Colorado.
"Internet" means the international computer network consisting of federal and nonfederal, interoperable, packet-controlled switched data networks.
"Residential subscriber" means a person who has subscribed to residential telephoneservice with a local exchange provider, as defined in section 40-15-102 (18), C.R.S. "Person" also includes any other persons living or residing with such person.
(a) "Telephone solicitation" means any voice, telefacsimile, graphic imaging, or data communication, including text messaging communication over a telephone line or through a wireless telephone for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.
(b) Notwithstanding paragraph (a) of this subsection (10), "telephone solicitation" does not include communications:
To any residential subscriber or wireless telephone service subscriber with the subscriber's prior express invitation or permission;
By or on behalf of any person or entity with whom a residential subscriber or wireless telephone service subscriber has an established business relationship;
For thirty days after a residential subscriber or wireless telephone service subscriberhas contacted a business to inquire about the potential purchase of goods or services or until the subscriber requests that no further calls be made, whichever occurs first;
By or on behalf of a charitable organization that is required to comply and that hascomplied with the notice and reporting requirements of section 6-16-104 or is excluded from such notice and reporting requirements by section 6-16-104 (6);
Made for the sole purpose of urging support for or opposition to a political candidateor ballot issue; or
Made for the sole purpose of conducting political polls or soliciting the expressionof opinions, ideas, or votes.
(c) "Telephone solicitation" includes any communication described in paragraph (a) of this subsection (10), whether such communication originates from a live operator, through the use of automatic dialing and recorded message equipment, or by other means.
"Wireless telephone" means a telephone that operates without a physical, wirelineconnection to the provider's equipment. The term includes, without limitation, cellular and mobile telephones.
"Wireless telephone service subscriber" means a person who has subscribed to atelephone service that does not employ a wireline telephone or that employs both wireline and wireless telephones on the same customer account.
Source: L. 2001: Entire part added, p. 1455, § 1, effective August 8. L. 2003: (2), (7)(a)(I), (10)(a), (10)(b)(I), (10)(b)(II), and (10)(b)(III) amended and (11) and (12) added, p. 771, § 1, effective March 25. L. 2004: (7)(b) amended, p. 1188, § 7, effective August 4. L. 2008: (10)(b)(IV) amended, p. 1879, § 7, effective August 5.
Cross references: For the "Gramm-Leach-Bliley Act", see Pub.L. 106-102, 113 Stat. 1338.