1.This Act may be cited as the
Mobile Informational Call Act of
2011
.
2.
(a)Section 227(a) of the
Communications Act of 1934 (47 U.S.C. 227(a)) is amended—
(1)by amending paragraph (1) to read as
follows:
(1)The term
automatic telephone dialing system
means equipment which uses a
random or sequential number generator to produce telephone numbers to be called
and to dial such
numbers.
;
(2)in paragraph (2)—
(A)by striking
subsection (b)(1)(C)(i)
and inserting paragraph (3) and
subsection (b)(1)(C)(i)
;
(B)in subparagraph
(A), by striking ; and
and inserting a semicolon;
(C)in subparagraph
(B), by striking paragraph (2)(G)).
and inserting
subsection (b)(2)(G); and
; and
(D)by adding at the
end the following:
(C)this paragraph shall not apply for purposes
of determining whether an established business relationship exists for purposes
of prior express consent to a call that is a telephone
solicitation.
;
(3)by redesignating
paragraphs (3) through (5) as paragraphs (4) through (6), respectively;
and
(4)by inserting after
paragraph (2) the following:
(3)The term prior express
consent
means the oral or written approval of a person—
(A)for the initiation
of a telephone call to such person by or on behalf of an entity with which such
person has an established business relationship; and
(B)that is provided
when such person purchases a good or service or at any other point during such
relationship.
A person
who provides a telephone number as a means of contact evidences consent under
this
paragraph..
(b)Section
227(c)(1)(D) of the Communications Act of 1934 (47 U.S.C. 227(c)(1)(D)) is
amended by striking subsection (a)(3)
and inserting
subsection (a)(5)
.
3.Informational
calls to mobile telephone numbers
(a)Section 227(b)(1)(A)
of the Communications Act of 1934 (47 U.S.C. 227(b)(1)(A)) is amended to read
as follows:
(A)to make any call (other than a call made
for emergency purposes or made with the prior express consent of the called
party) using any automatic telephone dialing system or an artificial or
prerecorded voice—
(i)to
any emergency telephone line (including any 911
line and any
emergency line of a hospital, medical physician or service office, health care
facility, poison control center, or fire protection or law enforcement
agency);
(ii)to the telephone
line of any guest room or patient room of a hospital, health care facility,
elderly home, or similar establishment;
(iii)to any telephone
number assigned to a paging service; or
(iv)to any telephone
number assigned to a cellular telephone service, specialized mobile radio
service, or other radio common carrier service, or any service for which the
called party is charged for the call, unless the call is made for a commercial
purpose that does not constitute a telephone
solicitation;
.
(b)Section 227(b)(2)(C) of the Communications Act of 1934
(47 U.S.C. 227(b)(2)(C)) is amended by striking paragraph
(1)(A)(iii)
and inserting paragraph (1)(A)(iv)
.
(c)Section 227(b)(1)
of the Communications Act of 1934 (47 U.S.C. 227(b)(1)) is amended by striking
It shall
and all that follows through United
States—
and inserting the following: It shall be unlawful for
any person within the United States, or any person outside the United States if
the recipient is within the United States—
.
4.Section 227(f)(1) of the
Communications Act of 1934 (47 U.S.C. 227(f)(1)) is amended to read as
follows:
(1)No requirement or
prohibition may be imposed under the laws of any State with respect to any
subject matter regulated under this section, except for telephone
solicitations.
.