N.C. Gen. Stat. § 75-104
§ 75-104. Restrictions on use of automatic dialing and recorded message players
(a)
Except as provided in this section, no person may use an automatic dialing and recorded message player to
make an unsolicited telephone call.
(b)
Notwithstanding subsection (a) of this section, a person may use an automatic dialing and recorded message
player to make an unsolicited telephone call only under one or more of the following circumstances:
(1)
All of the following are satisfied:
a.
The person making the call is any of the following:
1.
A tax-exempt charitable or civic organization.
2.
A political party or political candidate.
3.
A governmental official.
4.
An opinion polling organization, radio station, television station, cable television company, or
broadcast rating service conducting a public opinion poll.
b.
No part of the call is used to make a telephone solicitation.
c.
The person making the call clearly identifies the person's name and contact information and the
nature of the unsolicited telephone call.
(2)
Prior to the playing of the recorded message, a live operator complies with G.S. 75-102(c), states the
nature and length in minutes of the recorded message, and asks for and receives prior approval to play the
recorded message from the person receiving the call.
(3)
The unsolicited telephone call is in connection with an existing debt or contract for which payment or
performance has not been completed at the time of the unsolicited telephone call.
(4)
The unsolicited telephone call is placed by a person with whom the telephone subscriber has made an
appointment, provided that the call is conveying information only about the appointment, or by a utility,
telephone company, cable television company, satellite television company, or similar entity for the sole
purpose of conveying information or news about network outages, repairs or service interruptions, and
confirmation calls related to restoration ofservice.
(5)
The person plays the recorded message in order to comply with section 16 C.F.R. Part 310.4(b)(4) of the
Telemarketing Sales Rule.
