US Code 47.5.II, section 227
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     * UNITED STATES CODE
          + TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
               o CHAPTER 5 - WIRE OR RADIO COMMUNICATION
                    # SUBCHAPTER II - COMMON CARRIERS
                      
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     227. Restrictions on use of telephone equipment
     * (a) Definitions
       
       As used in this section -
          + (1) The term ''automatic telephone dialing system'' means
            equipment which has the capacity -
               o (A) to store or produce telephone numbers to be called,
                 using a random or sequential number generator; and
               o (B) to dial such numbers.
          + (2) The term ''telephone facsimile machine'' means equipment
            which has the capacity (A) to transcribe text or images, or
            both, from paper into an electronic signal and to transmit
            that signal over a regular telephone line, or (B) to 
            transcribe text or images (or both) from an electronic signal
            received over a regular telephone line onto paper.
          + (3) The term ''telephone solicitation'' means the initiation
            of a telephone call or message for the purpose of encouraging
            the purchase or rental of, or investment in, property, goods,
            or services, which is transmitted to any person, but such
            term does not include a call or message (A) to any person
            with that person's prior express invitation or permission,
            (B) to any person with whom the caller has an established
            business relationship, or (C) by a tax exempt nonprofit
             organization.
          + (4) The term ''unsolicited advertisement'' means any material
            advertising the commercial availability or quality of any
            property, goods, or services which is transmitted to any
            person without that person's prior express invitation or
            permission.
     * (b) Restrictions on use of automated telephone equipment
          + (1) Prohibitions
            
            It shall be unlawful for any person within the United States
            -
               o (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; or
                    # (iii) to any telephone number assigned to a paging
                      service, 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;
               o (B) to initiate any telephone call to any residential
                 telephone line using an artificial or prerecorded voice
                 to deliver a message without the prior express consent
                 of the called party, unless the call is initiated for
                 emergency purposes or is exempted by rule or order by
                 the Commission under paragraph (2)(B);
               o (C) to use any telephone facsimile machine, computer, or
                 other device to send an unsolicited advertisement to a
                 telephone facsimile machine; or
               o (D) to use an automatic telephone dialing system in such
                 a way that two or more telephone lines of a multi-line
                 business are engaged simultaneously.
          + (2) Regulations; exemptions and other provisions
            
            The Commission shall prescribe regulations to implement the
            requirements of this subsection. In implementing the
            requirements of this subsection, the Commission -
               o (A) shall consider prescribing regulations to allow
                 businesses to avoid receiving calls made using an
                 artificial or prerecorded voice to which they have not
                 given their prior express consent;
               o (B) may, by rule or order, exempt from the requirements
                 of paragraph (1)(B) of this subsection, subject to such
                 conditions as the Commission may prescribe -
                    # (i) calls that are not made for a commercial
                      purpose; and
                    # (ii) such classes or categories of calls made for
                      commercial purposes as the Commission determines -
                         @ (I) will not adversely affect the privacy
                           rights that this section is intended to
                           protect; and
                         @ (II) do not include the transmission of any
                           unsolicited advertisement; and
               o (C) may, by rule or order, exempt from the requirements
                 of paragraphs (FOOTNOTE 1) (1)(A)(iii) of this
                 subsection calls to a telephone number assigned to a
                 cellular telephone service that are not charged to the
                 called party, subject to such conditions as the
                 Commission may prescribe as necessary in the interest of
                 the privacy rights this section is intended to protect.
                 (FOOTNOTE 1) So in original. Probably should be
                 ''paragraph''.
          + (3) Private right of action
            
            A person or entity may, if otherwise permitted by the laws or
            rules of court of a State, bring in an appropriate court of
            that State -
               o (A) an action based on a violation of this subsection or
                 the regulations prescribed under this subsection to
                 enjoin such violation,
               o (B) an action to recover for actual monetary loss from
                 such a violation, or to receive $500 in damages for each
                 such violation, whichever is greater, or
               o (C) both such actions. If the court finds that the
                 defendant willfully or knowingly violated this
                 subsection or the regulations prescribed under this
                 subsection, the court may, in its discretion, increase
                 the amount of the award to an amount equal to not more
                 than 3 times the amount available under subparagraph (B)
                 of this paragraph.
     * (c) Protection of subscriber privacy rights
          + (1) Rulemaking proceeding required
            
            Within 120 days after December 20, 1991, the Commission shall
            initiate a rulemaking proceeding concerning the need to
            protect residential telephone subscribers' privacy rights to
            avoid receiving telephone solicitations to which they object.
            The proceeding shall -
               o (A) compare and evaluate alternative methods and
                 procedures (including the use of electronic databases,
                 telephone network technologies, special directory
                 markings, industry-based or company-specific ''do not
                 call'' systems, and any other alternatives, individually
                 or in combination) for their effectiveness in protecting
                 such privacy rights, and in terms of their cost and
                 other advantages and disadvantages;
               o (B) evaluate the categories of public and private
                 entities that would have the capacity to establish and
                 administer such methods and procedures;
               o (C) consider whether different methods and procedures
                 may apply for local telephone solicitations, such as
                 local telephone solicitations of small businesses or
                 holders of second class mail permits;
               o (D) consider whether there is a need for additional
                 Commission authority to further restrict telephone
                 solicitations, including those calls exempted under
                 subsection (a)(3) of this section, and, if such a
                 finding is made and supported by the record, propose
                 specific restrictions to the Congress; and
               o (E) develop proposed regulations to implement the
                 methods and procedures that the Commission determines
                 are most effective and efficient to accomplish the
                 purposes of this section.
          + (2) Regulations
            
            Not later than 9 months after December 20, 1991, the
            Commission shall conclude the rulemaking proceeding initiated
            under paragraph (1) and shall prescribe regulations to
            implement methods and procedures for protecting the privacy
            rights described in such paragraph in an efficient,
            effective, and economic manner and without the imposition of
            any additional charge to telephone subscribers.
          + (3) Use of database permitted
            
            The regulations required by paragraph (2) may require the
            establishment and operation of a single national database to
            compile a list of telephone numbers of residential
            subscribers who object to receiving telephone solicitations,
            and to make that compiled list and parts thereof available
            for purchase. If the Commission determines to require such a
            database, such regulations shall -
               o (A) specify a method by which the Commission will select
                 an entity to administer such database;
               o (B) require each common carrier providing telephone
                 exchange service, in accordance with regulations
                 prescribed by the Commission, to inform subscribers for
                 telephone exchange service of the opportunity to provide
                 notification, in accordance with regulations established
                 under this paragraph, that such subscriber objects to
                 receiving telephone solicitations;
               o (C) specify the methods by which each telephone
                 subscriber shall be informed, by the common carrier that
                 provides local exchange service to that subscriber, of
                 (i) the subscriber's right to give or revoke a
                 notification of an objection under subparagraph (A), and
                 (ii) the methods by which such right may be exercised by
                 the subscriber;
               o (D) specify the methods by which such objections shall
                 be collected and added to the database;
               o (E) prohibit any residential subscriber from being
                 charged for giving or revoking such notification or for
                 being included in a database compiled under this
                 section;
               o (F) prohibit any person from making or transmitting a
                 telephone solicitation to the telephone number of any
                 subscriber included in such database;
               o (G) specify (i) the methods by which any person desiring
                 to make or transmit telephone solicitations will obtain
                 access to the database, by area code or local exchange
                 prefix, as required to avoid calling the telephone
                 numbers of subscribers included in such database; and
                 (ii) the costs to be recovered from such persons;
               o (H) specify the methods for recovering, from persons
                 accessing such database, the costs involved in
                 identifying, collecting, updating, disseminating, and
                 selling, and other activities relating to, the
                 operations of the database that are incurred by the
                 entities carrying out those activities;
               o (I) specify the frequency with which such database will
                 be updated and specify the method by which such updating
                 will take effect for purposes of compliance with the
                 regulations prescribed under this subsection;
               o (J) be designed to enable States to use the database
                 mechanism selected by the Commission for purposes of
                 administering or enforcing State law;
               o (K) prohibit the use of such database for any purpose
                 other than compliance with the requirements of this
                 section and any such State law and specify methods for
                 protection of the privacy rights of persons whose
                 numbers are included in such database; and
               o (L) require each common carrier providing services to
                 any person for the purpose of making telephone
                 solicitations to notify such person of the requirements
                 of this section and the regulations thereunder.
          + (4) Considerations required for use of database method
            
            If the Commission determines to require the database
            mechanism described in paragraph (3), the Commission shall -
               o (A) in developing procedures for gaining access to the
                 database, consider the different needs of telemarketers
                 conducting business on a national, regional, State, or
                 local level;
               o (B) develop a fee schedule or price structure for
                 recouping the cost of such database that recognizes such
                 differences and -
                    # (i) reflect the relative costs of providing a
                      national, regional, State, or local list of phone
                      numbers of subscribers who object to receiving
                      telephone solicitations;
                    # (ii) reflect the relative costs of providing such
                      lists on paper or electronic media; and
                    # (iii) not place an unreasonable financial burden on
                      small businesses; and
               o (C) consider (i) whether the needs of telemarketers
                 operating on a local basis could be met through special
                 markings of area white pages directories, and (ii) if
                 such directories are needed as an adjunct to database
                 lists prepared by area code and local exchange prefix.
          + (5) Private right of action
            
            A person who has received more than one telephone call within
            any 12-month period by or on behalf of the same entity in
            violation of the regulations prescribed under this subsection
            may, if otherwise permitted by the laws or rules of court of
            a State bring in an appropriate court of that State -
               o (A) an action based on a violation of the regulations
                 prescribed under this subsection to enjoin such
                 violation,
               o (B) an action to recover for actual monetary loss from
                 such a violation, or to receive up to $500 in damages
                 for each such violation, whichever is greater, or
               o (C) both such actions. It shall be an affirmative
                 defense in any action brought under this paragraph that
                 the defendant has established and implemented, with due
                 care, reasonable practices and procedures to effectively
                 prevent telephone solicitations in violation of the
                 regulations prescribed under this subsection. If the
                 court finds that the defendant willfully or knowingly
                 violated the regulations prescribed under this
                 subsection, the court may, in its discretion, increase
                 the amount of the award to an amount equal to not more
                 than 3 times the amount available under subparagraph (B)
                 of this paragraph.
          + (6) Relation to subsection (b)
            
            The provisions of this subsection shall not be construed to
            permit a communication prohibited by subsection (b) of this
            section.
     * (d) Technical and procedural standards
          + (1) Prohibition
            
            It shall be unlawful for any person within the United States
            -
               o (A) to initiate any communication using a telephone
                 facsimile machine, or to make any telephone call using
                 any automatic telephone dialing system, that does not
                 comply with the technical and procedural standards
                 prescribed under this subsection, or to use any
                 telephone facsimile machine or automatic telephone
                 dialing system in a manner that does not comply with
                 such standards; or
               o (B) to use a computer or other electronic device to send
                 any message via a telephone facsimile machine unless
                 such person clearly marks, in a margin at the top or
                 bottom of each transmitted page of the message or on the
                 first page of the transmission, the date and time it is
                 sent and an identification of the business, other
                 entity, or individual sending the message and the
                 telephone number of the sending machine or of such
                 business, other entity, or individual.
          + (2) Telephone facsimile machines
            
            The Commission shall revise the regulations setting technical
            and procedural standards for telephone facsimile machines to
            require that any such machine which is manufactured after one
            year after December 20, 1991, clearly marks, in a margin at
            the top or bottom of each transmitted page or on the first
            page of each transmission, the date and time sent, an
            identification of the business, other entity, or individual
            sending the message, and the telephone number of the sending
            machine or of such business, other entity, or individual.
          + (3) Artificial or prerecorded voice systems
            
            The Commission shall prescribe technical and procedural
            standards for systems that are used to transmit any
            artificial or prerecorded voice message via telephone. Such
            standards shall require that -
               o (A) all artificial or prerecorded telephone messages (i)
                 shall, at the beginning of the message, state clearly
                 the identity of the business, individual, or other
                 entity initiating the call, and (ii) shall, during or
                 after the message, state clearly the telephone number or
                 address of such business, other entity, or individual;
                 and
               o (B) any such system will automatically release the
                 called party's line within 5 seconds of the time
                 notification is transmitted to the system that the
                 called party has hung up, to allow the called party's
                 line to be used to make or receive other calls.
     * (e) Effect on State law
          + (1) State law not preempted
            
            Except for the standards prescribed under subsection (d) of
            this section and subject to paragraph (2) of this subsection,
            nothing in this section or in the regulations prescribed
            under this section shall preempt any State law that imposes
            more restrictive intrastate requirements or regulations on,
            or which prohibits -
               o (A) the use of telephone facsimile machines or other
                 electronic devices to send unsolicited advertisements;
               o (B) the use of automatic telephone dialing systems;
               o (C) the use of artificial or prerecorded voice messages;
                 or
               o (D) the making of telephone solicitations.
          + (2) State use of databases
            
            If, pursuant to subsection (c)(3) of this section, the
            Commission requires the establishment of a single national
            database of telephone numbers of subscribers who object to
            receiving telephone solicitations, a State or local authority
            may not, in its regulation of telephone solicitations,
            require the use of any database, list, or listing system that
            does not include the part of such single national datebase
            (FOOTNOTE 2) that relates to such State.
            
            (FOOTNOTE 2) So in original. Probably should be ''database''.
     * (f) Actions by States
          + (1) Authority of States
            
            Whenever the attorney general of a State, or an official or
            agency designated by a State, has reason to believe that any
            person has engaged or is engaging in a pattern or practice of
            telephone calls or other transmissions to residents of that
            State in violation of this section or the regulations
            prescribed under this section, the State may bring a civil
            action on behalf of its residents to enjoin such calls, an
            action to recover for actual monetary loss or receive $500 in
            damages for each violation, or both such actions. If the
            court finds the defendant willfully or knowingly violated
            such regulations, the court may, in its discretion, increase
            the amount of the award to an amount equal to not more than 3
            times the amount available under the preceding sentence.
          + (2) Exclusive jurisdiction of Federal courts
            
            The district courts of the United States, the United States
            courts of any territory, and the District Court of the United
            States for the District of Columbia shall have exclusive
            jurisdiction over all civil actions brought under this
            subsection. Upon proper application, such courts shall also
            have jurisdiction to issue writs of mandamus, or orders
            affording like relief, commanding the defendant to comply
            with the provisions of this section or regulations prescribed
            under this section, including the requirement that the
            defendant take such action as is necessary to remove the
            danger of such violation. Upon a proper showing, a permanent
            or temporary injunction or restraining order shall be granted
            without bond.
          + (3) Rights of Commission
            
            The State shall serve prior written notice of any such civil
            action upon the Commission and provide the Commission with a
            copy of its complaint, except in any case where such prior
            notice is not feasible, in which case the State shall serve
            such notice immediately upon instituting such action. The
            Commission shall have the right (A) to intervene in the
            action, (B) upon so intervening, to be heard on all matters
            arising therein, and (C) to file petitions for appeal.
          + (4) Venue; service of process
            
            Any civil action brought under this subsection in a district
            court of the United States may be brought in the district
            wherein the defendant is found or is an inhabitant or
            transacts business or wherein the violation occurred or is
            occurring, and process in such cases may be served in any
            district in which the defendant is an inhabitant or where the
            defendant may be found.
          + (5) Investigatory powers
            
            For purposes of bringing any civil action under this
            subsection, nothing in this section shall prevent the
            attorney general of a State, or an official or agency
            designated by a State, from exercising the powers conferred
            on the attorney general or such official by the laws of such
            State to conduct investigations or to administer oaths or
            affirmations or to compel the attendance of witnesses or the
            production of documentary and other evidence.
          + (6) Effect on State court proceedings
            
            Nothing contained in this subsection shall be construed to
            prohibit an authorized State official from proceeding in
            State court on the basis of an alleged violation of any
            general civil or criminal statute of such State.
          + (7) Limitation
            
            Whenever the Commission has instituted a civil action for
            violation of regulations prescribed under this section, no
            State may, during the pendency of such action instituted by
            the Commission, subsequently institute a civil action against
            any defendant named in the Commission's complaint for any
            violation as alleged in the Commission's complaint.
          + (8) ''Attorney general'' defined
            
            As used in this subsection, the term ''attorney general''
            means the chief legal officer of a State.
            
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