Maryland § 14-4501

§ 14-4501.

    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Called party” means a person who is a regular user of a telephone number that receives a telephone solicitation.

    (c)    “Caller identification service” means a service that allows a telephone subscriber to have the telephone number and, where available, the name of the calling party transmitted simultaneously with the telephone call and displayed on a device connected to the subscriber’s telephone.

    (d)    “Prior express written consent” means a written agreement that:

        (1)    Bears the signature of the called party;

        (2)    Clearly authorizes the person making or allowing the placement of a telephone solicitation by telephone call, text message, or voicemail to deliver or cause to be delivered to the called party:

            (i)    A telephone solicitation using an automated system for the selection or dialing of telephone numbers;

            (ii)    The playing of a recorded or artificial voice message when a connection is completed to a number called; or

            (iii)    The transmission of a prerecorded voicemail; and

        (3)    Includes:

            (i)    The telephone number to which the signatory authorizes a telephone solicitation to be delivered; and

            (ii)    A clear and conspicuous disclosure informing the called party that:

                1.    By executing the agreement, the called party authorizes the person making or allowing the placement of a telephone solicitation to deliver or cause to be delivered a telephone solicitation to the called party using:

                A.    An automated system for the selection or dialing of telephone numbers; or

                B.    The playing of a recorded message when a connection is completed to a number called; and

                2.    The called party is not required to directly or indirectly:

                A.    Sign the written agreement; or

                B.    Agree to enter into the agreement as a condition of purchasing any property, goods, or services.

    (e)    “Signature” includes an electronic or digital signature to the extent that the form of signature is recognized as a valid signature under applicable federal law or State contract law.

    (f)    “Telephone solicitation” has the meaning stated in § 8–205 of the Public Utilities Article.