Robocall Solicitation Modifications.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 5
HOUSE BILL 936
Committee Substitute Favorable 5/6/25
Third Edition Engrossed 5/7/25
Senate Judiciary Committee Substitute Adopted 6/3/26
Fifth Edition Engrossed 6/17/26

Short Title: Robocall Solicitation Modifications. (Public)
Sponsors:
Referred to:
April 14, 2025
*H936-v-5*
A BILL TO BE ENTITLED 1
AN ACT TO MODIFY THE LAWS GOVERNING TELE PHONE SOLICITATIONS TO 2
ADDRESS ROBOCALLS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Article 4 of Chapter 75 of the General Statutes reads as rewritten: 5
"Article 4. 6
"Telephone Solicitations. 7
"§ 75-100. Findings. 8
… 9
"§ 75-101. Definitions. 10
The following definitions apply in this Article: 11
(1) Affiliate. – A business establishment, business, or other legal entity that 12
wholly or substantially owns, is wholly or substantially owned by, or is under 13
common ownership with a telephone solicitor. 14
(2) Automatic dialing and recorded message player. – Any automatic equipment 15
that incorporates a storage capability of telephone numbers to be called or a 16
random or a sequential number generator capable of producing numbers to be 17
called that, working alone or in conjunction with other equipment, 18
disseminates a prerecorded message to the telephone number called. 19
(3) "Do Not Call" Registry. – The registry created and maintained by the Federal 20
Trade Commission pursuant to the Telemarketing Sales Rule. It also means 21
any other telemarketing registry created by the federal government, including 22
the Federal Communications Commission. It also means any registry created 23
by the Attorney General pursuant to G.S. 75-102(n). 24
(4) Doing business in this State. – To make or cause to be made any telephone 25
solicitation to North Carolina telephone subscribers, whether the telephone 26
solicitations are made from a location inside North Carolina or outside North 27
Carolina. 28
(5) Established business relationship. – A relationship between a seller and a 29
consumer based on: 30
a. The consumer's purchase, rental, or lease of the seller's goods or 31
services or a financial transaction between the consumer and the seller 32
General Assembly Of North Carolina Session 2025
Page 2 House Bill 936-Fifth Edition
or one or more of its affiliates within the 18 months immediately 1
preceding the date of a telephone solicitation; or 2
b. The consumer's inquiry or application regarding a product or service 3
offered by the seller within the three months immediately preceding 4
the date of a telephone solicitation. 5
(6) Express invitation or permission. – Any invitation or permission that is 6
registered by the telephone subscriber on an independent form and that 7
contains the telephone number to which calls can be placed and the signature 8
of the telephone subscriber. The form may be completed and signed 9
electronically. 10
(7) Person. – Any individual, business establishment, business, or other legal 11
entity. 12
(7a) Prior express written consent. – An agreement that satisfies all of the 13
following conditions: 14
a. It is in writing. 15
b. It bears the signature of the person called that clearly authorizes the 16
seller to deliver or cause to be delivered to the person called telephone 17
solicitations. The term "signature" includes an electronic or digital 18
form of sig nature, to the extent that such form of signature is 19
recognized as a valid signature under applicable federal law or State 20
law. 21
c. It includes the telephone number to which the signatory authorizes 22
such telephone solicitations to be delivered. 23
d. It includes a clear and conspicuous disclosure informing the person 24
signing both of the following: 25
1. By executing the agreement, such person authorizes the seller 26
to deliver or cause to be delivered to the signatory telephone 27
solicitations. 28
2. The person is not required to sign the agreement (directly or 29
indirectly) or agree to enter into such an agreement as a 30
condition of purchasing any property, goods, or services. 31
(7b) Robocall. – A voice communication that delivers artificial, artificially 32
generated, or prerecorded voice messages, in whole or in part, including , but 33
not limited to , telephone calls utilizing soundboard technology and ringless 34
voicemail messages. "Robocall" also includes spam and scam text messages 35
received by a telephone subscriber through a messaging application. The 36
following are not considered a "robocall": (i) a voice communication made 37
with the prior express written consent of the telephone subscriber that delivers 38
artificial, artificially generated, or prerecorded voice messages, in whole or in 39
part, including, but not limited to, telephone calls utilizing soundboard 40
technology and ringless voicemail messages, and (ii) text messages sent with 41
the prior express written consent of the telephone subscriber received by a 42
telephone subscriber through a messaging application. 43
(7c) Robocaller. – Any person doing business in this State that, directly or through 44
others, makes, attempts to make, causes to be made, or otherwise provides or 45
knows or consciously avoids knowing that they provide substantial assistance 46
or support for making robocalls. 47
(8) Telemarketing Sales Rule. – The federal regulation promulgated by the 48
Federal Trade Commission, 16 C.F.R. Part 310 (January 29, 2003 Edition), as 49
amended, to implement the Telemarketing and Consum er Fraud and Abuse 50
Prevention Act, 15 U.S.C. §§ 6101-6108, as amended. 51
General Assembly Of North Carolina Session 2025
House Bill 936-Fifth Edition Page 3
(9) Telephone solicitation. – A voice or text communication, whether 1
prerecorded, live, or a facsimile, over a telephone line or wireless telephone 2
network or via a commercial mobile radio service that is made by a telephone 3
solicitor to a telephone subscriber for the purpose of soliciting or encouraging 4
the purchase or rental of, or investment in, property, goods, or services; 5
obtaining or providing information that will or may be used for that purpose; 6
soliciting or encouraging a telephone subscriber's participation in any contest, 7
sweepstakes, raffle, or lottery, whether legal or illegal; or obtaining a 8
charitable donation. "Telephone solicitation" also includes those transactions 9
that are defined as "telemarketing" under the Telemarketing Sales Rule. 10
(10) Telephone solicitor. – Any individual, business establishment, business, or 11
other legal entity person doing business in this State that, directly or through 12
salespersons or agents, makes or makes, attempts to make make, causes to be 13
made, or otherwise provides or knows or consciously avoids knowing that 14
they provide substantial assistance or support for making telephone 15
solicitations or causes telephone solicitations to be made. solicitations. 16
"Telephone solicitor" also includes any party defined as a "telemarketer" 17
under the Telemarketing Sales Rule. 18
(11) Telephone subscriber. – An individual who subscribes to a residential 19
telephone service from a local exchange company, a competing local provider 20
certified to do business in North Carolina, or a wireless telephone company; 21
or the individuals living or residing with that individual. 22
(12) Unsolicited telephone call. – A voice or text communication, whether 23
prerecorded, live, or a f acsimile, over a telephone line or wireless telephone 24
network or via a commercial mobile radio service that is made by a person to 25
a telephone subscriber without prior express invitation or permission. 26
"§ 75-102. Restrictions on telephone solicitations. 27
… 28
(f) No telephone solicitor shall make a telephone solicitation before 8:00 A.M. or after 29
9:00 P.M. 30
… 31
(h) No telephone solicitor or robocaller shall engage in threats, intimidation, or the use 32
of profane or obscene language. 33
(i) No telephone solicitor shal l cause misleading information to be transmitted to users 34
of caller identification technologies or otherwise block or misrepresent the origin of the telephone 35
solicitation. No provider of telephone caller identification services shall be held liable for 36
violations of this subsection committed by other individuals or entities. It is not a violation of 37
this subsection for a telephone solicitor to utilize the name and number of the entity the 38
solicitation is being made on behalf of rather than the name and number of the telephone solicitor. 39
… 40
(k) Nothing in this section prohibits a telephone solicitor from contacting by 41
nontelephonic notice a telephone subscriber whose telephone number appears in the "Do Not 42
Call" Registry to obtain the telephone subscriber's express invitation or permission prior express 43
written consent allowing the telephone solicitor to make telephone solicitations to the telephone 44
subscriber. A telephone solicitor shall not contact a telephone subscriber by telephone to obtain 45
this express invitation or permission.prior express written consent. 46
(l) Nothing in this section prohibits a telephone solicitor from advertising in a general 47
medium or contacting by nontelephonic notice a telephone subscriber whose telephone number 48
appears in the "Do Not Call" Registry to encourage the telephone subscriber to initiate telephone 49
calls to the telephone solicitor. A telephone solicitor shall not contact a telephone subscriber by 50
telephone to obtain this express invitation or permission.prior express written consent. 51
General Assembly Of North Carolina Session 2025
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… 1
"§ 75-103. Limited exceptions. 2
(a) G.S. 75-102(a) does not apply to any of the following telephone solicitations that are 3
made: 4
(1) To any telephone subscriber with the telephone subscriber's prior express 5
invitation or permission.prior express written consent. 6
… 7
(e) In any dispute regarding whether a telephone subscriber has provided an express 8
invitation or permission prior express written consent under subsection (a) of this section, the 9
telephone solicitor has the burden of proving that t he telephone subscriber has provided this 10
permission consent by producing the original document, a facsimile document, or an electronic 11
form, signed by the telephone subscriber, or other authentication that evidences permission. 12
consent. A telephone subscriber may subsequently retract express invitation or permission prior 13
express written consent by indicating a desire not to receive further telephone solicitations under 14
G.S. 75-102(b). 15
"§ 75-104. Restrictions on use of automatic dialing and recorded message players.robocalls. 16
(a) Except as provided in this section, no person may use an automatic dialing and 17
recorded message player to make an unsolicited telephone call. make a robocall to a telephone 18
number. 19
(b) Notwithstanding subsection (a) of this section, a person may use an automatic dialing 20
and recorded message player to make an unsolicited telephone call make a robocall only under 21
one or more of the following circumstances: 22
(1) All of the following are satisfied: 23
a. The person making the call robocall is any of the following: 24
1. A tax-exempt charitable or civic organization. 25
2. A political party or political candidate. 26
3. A governmental official. 27
4. An opinion polling organization, radio station, television 28
station, cable television company, or broadcast rating service 29
conducting a public opinion poll. 30
b. No part of the call robocall is used to make a telephone solicitation. 31
c. The person making the call robocall clearly identifies the person's 32
name and conta ct information and the nature of the unsolicited 33
telephone call.robocall. 34
(2) Prior to the playing of the recorded message, robocall, a live operator complies 35
with G.S. 75-102(c), states the nature and length in minutes of the recorded 36
message, and asks fo r and receives prior approval to play the recorded 37
message from the person receiving the call. 38
(3) The unsolicited telephone call robocall is in connection with an existing debt 39
or contract for which payment or performance has not been completed at the 40
time of the unsolicited telephone call, robocall, and both of the following are 41
satisfied: 42
a. No part of the call robocall is used to make a telephone solicitation. 43
b. The person making the call robocall clearly identifies the person's 44
name and contact information and the nature of the unsolicited 45
telephone call.robocall. 46
(4) The unsolicited telephone call robocall is placed by a person with whom the 47
telephone subscriber has made an appointment, provided that the call robocall 48
is conveying information only about the appointment, or by a utility, telephone 49
company, cable television company, satellite television company, or similar 50
entity for the sole purpose of conveying information or news about network 51
General Assembly Of North Carolina Session 2025
House Bill 936-Fifth Edition Page 5
outages, repairs or service interruptions, and confirmation calls robocalls 1
related to restoration of service, and both of the following are satisfied: 2
a. No part of the call robocall is used to make a telephone solicitation. 3
b. The person making the call robocall clearly identifies the person's 4
name and contact information and the nature of the unsolicited 5
telephone call.robocall. 6
(5) The person plays the recorded message robocall in order to comply with 7
section 16 C.F.R. Part 310.4(b)(4) of the Telemarketing Sales Rule. 8
(6) The unsolicited telephone call robocall is placed by, or on behalf of, a health 9
insurer as defined in G.S. 58-51-115(a)(2) from whom the telephone 10
subscriber or other cove red family member of the health insurer receives 11
health care coverage or the administration of such coverage, provided that the 12
call robocall is conveying information related to the telephone subscriber or 13
family member's health care, preventive services, medication or other covered 14
benefits, and both of the following are satisfied: 15
a. No part of the call robocall is used to make a telephone solicitation. 16
b. The person making the call robocall clearly identifies the person's 17
name and contact information and the nature of the unsolicited 18
telephone call.robocall. 19
(7) No part of the call robocall is used to make a telephone solicitation, the person 20
making the call robocall clearly identifies the person's contact information and 21
the nature of the unsolicited telephone call, robocall, and the sole purpose of 22
the unsolicited telephone call robocall is to protect the public health, safety, 23
or welfare, by informing the telephone subscriber of any of the following: 24
a. That the telephone subscriber has purchased a prod uct that is subject 25
to a recall by the product's manufacturer, distributor or retailer, or by 26
the federal Consumer Product Safety Commission or another 27
government agency or department with legal authority to recall the 28
product which is the subject of the call, robocall, due to safety or health 29
concerns, provided that (i) there is a reasonable basis to believe that 30
the telephone subscriber has purchased the product, and (ii) the 31
message complies with any requirements imposed by any government 32
agency instituting the recall. 33
b. That the telephone subscriber may have received a prescription or 34
over-the-counter medication that is subject to a recall by the product's 35
manufacturer, distributor or retailer, or by the federal Food and Drug 36
Administration or another g overnment agency or department with 37
legal authority to recall the product which is the subject of the call, 38
robocall, due to safety or health concerns, provided that (i) the call 39
robocall and its message comply with the requirements of the Health 40
Insurance Portability and Accountability Act (P.L. 104-191) (HIPAA) 41
and any corresponding regulations pertaining to privacy, (ii) there is a 42
reasonable basis to believe that the telephone subscriber has purchased 43
or received the medication, and (iii) the message co mplies with any 44
requirements imposed by the government agency or product 45
manufacturer, distributor, or retailer instituting the recall. 46
c. That the telephone subscriber has not picked up a filled prescription 47
drug for which a valid prescription is on file with a pharmacy licensed 48
pursuant to G.S. 90-85.21 and the telephone subscriber requested that 49
the prescription be filled, provided that the call robocall and its 50
message comply with the requirements of the Health Insurance 51
General Assembly Of North Carolina Session 2025
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Portability and Accountability A ct (P.L. 104 -191) (HIPAA) and any 1
corresponding regulations pertaining to privacy. 2
(8) The call robocall is generated from a court proceeding notification system 3
established by the Administrative Office of the Courts. 4
"§ 75-104A. Restrictions on spoofing and impersonating government officials. 5
(a) No telephone solicitor or robocaller shall cause misleading information to be 6
transmitted to users of caller identification technologies or otherwise block or misrepresent the 7
origin of a telephone solicitation or robocall with the intent to defraud, confuse, cause harm, or 8
wrongfully obtain anything of value, including , but not limited to, personal information. No 9
provider of telephone caller identification services shall be held liable for violations of this 10
subsection committed by other individuals or entities. It is not a violation of this subsection for a 11
telephone solicitor to utilize the name and number of the entity the solicitation is being made on 12
behalf of rather than the name and number of the telephone solicitor. 13
(b) No telephone solicitor or robocaller shall impersonate any federal, State, or local 14
government official, law enforcement professional, or government agency in order to defraud, 15
confuse, or financially or otherwise injure the telephone subscriber or in order to obtain personal 16
information from the telephone subscriber that may be used in a fraudulent or unlawful manner. 17
"§ 75-105. Enforcement. 18
(a) The Attorney General may investigate any complaints received alleging violation of 19
this Article. If the Attorney General finds that there has been a violation of this Article, the 20
Attorney General may bring an action to impose civil penalties and to seek any other appropriate 21
relief pursuant to this Chapter, including equitable relief to restrain the violation. If the Attorney 22
General brings an action on behalf of telephone subscribers pursuant to subsection (b) of this 23
section, the Attorney General may not seek treble damages on behalf of tele phone subscribers 24
pursuant to G.S. 75-16. Actions for civil penalties under this section shall be consistent with the 25
provisions of this Chapter except that the penalty imposed for a violation of this Article shall be 26
either of the following: 27
(1) Five hundred dollars ($500.00) for the first violation, one thousand dollars 28
($1,000) for the second violation, and five thousand dollars ($5,000) for the 29
third and any other violation that occurs within two years of the first violation. 30
(2) One hundred dollars ($100.00) for each violation within two years of the first 31
violation, if the solicitor or robocaller can show that the violations are the 32
result of a mistake and the telephone solicitor or robocaller either made the 33
telephone solicitation or robocall under G.S. 75-103(a)(1), (2), (3), (4), and 34
(5), or can show that the telephone solicitor complied with G.S. 75-102(d). 35
This subsection does not apply if the telephone solicitor or robocaller violated 36
G.S. 75-104A. 37
If a single call violates multiple provisions of this Article, penalties shall be assessed for each 38
violation of the provisions of this Article caused by that call. 39
(a1) There is a rebuttable presumption that a telephone subscriber with a North Carolina 40
area code is a North Carolina resident or in North Carolina at the time a telephone solicitation or 41
robocall is made. 42
(b) A telephone subscriber who has received a robocall or a telephone solicitation from 43
or on behalf of a telephone solicitor or robocaller in violation of this Article may bring any of the 44
following actions in civil court: 45
(1) An action to enjoin further violations of this Article by the telephone 46
solicitor.solicitor or robocaller. 47
(2) An action to recover five hundred dollars ($500.00) for the first violation, one 48
thousand dollars ($1,000) for the second violation, and five thousand dollars 49
($5,000) for the third and any other violation that occurs within two years of 50
the first violation. 51
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If a single call violates multiple provisions of this Article, penalties shall be assessed for each 1
violation of the provisions of this Article caused by that call. 2
(c) No action may be brought under subsection (b) of this section if the violations are a 3
result of mistake and the telephone solicitor either made the telephone solicitation under 4
G.S. 75-103(a)(1), (2), (3), (4), and (5), or can show that the telephone solicitor complied with 5
G.S. 75-102(d). An action may be brought under subsection (b) of this section if the telephone 6
solicitor or robocaller violated G.S. 75-104A. 7
…." 8
SECTION 2. G.S. 75-115(3) reads as rewritten: 9
"(3) Unsolicited advertisement. – Any material advertising the commercial 10
availability or quality of any property, goods, or services that is transmitted to 11
any person or entity without that person's or entity's prior express invitati on 12
or permission. prior express written consent. Prior express invitation or 13
permission may be obtained for a specific or unlimited number of 14
advertisements and may be obtained for a specific or unlimited period of 15
time.written consent may be obtained in accordance with G.S. 75-101." 16
SECTION 3. This act becomes effective October 1, 2026, and applies, for causes of 17
action, to telephone solicitations in violation of this act occurring on or after that date. 18