(1) If the Attorney General enters into a contract pursuant to ORS 646.572 (1)(a), the administrator of the telephone solicitation program shall create, maintain and distribute a database containing a list of telephone numbers of parties who do not wish to receive any telephone solicitation at the listed numbers. Beginning on the date specified in the contract between the administrator and the Attorney General and at least once each quarter thereafter, the administrator shall update the list by:
(a) Adding the numbers of parties who have filed notice and paid the fee as required in this section; and
(b) Removing the numbers of those parties who have requested that their numbers be removed or whose listing has expired without renewal.
(2) A party may file notice together with a fee of $10 per listed number, or such lesser amount as may be specified in the contract, with the administrator indicating the party’s desire to place telephone numbers on the list described in subsection (1) of this section. The notice shall be filed in the form and manner specified in the contract between the administrator and the Attorney General. The notice is effective for one year from the date the party files the notice. The party may renew the notice for additional periods of one year by filing an additional notice and paying an additional fee by the anniversary of the original filing date of the notice.
(3) Information about a party is confidential. The Attorney General may not disclose information about a party.
(4) The administrator may not furnish the list or disclose any information about a party to any person, except as follows:
(a) Upon request of a person engaging or intending to engage in telephone solicitations and after payment of the fees in the amounts specified in the contract between the administrator and the Attorney General, the administrator shall furnish to the person:
(A) The most recent copy of the list described in subsection (1) of this section.
(B) The names of the parties whose telephone numbers are on the list.
(b) Upon request of a qualified trade association and after payment of the fees in the amounts specified in the contract between the administrator and the Attorney General, the administrator shall furnish to the qualified trade association:
(A) The most recent copy of the list described in subsection (1) of this section.
(B) The names of the parties whose telephone numbers are on the list.
(c) A qualified trade association that receives a list or the names of the parties whose telephone numbers are on the list under this subsection may make the list or the names available to its members on any terms the association and its members may impose.
(d) Upon request of the Attorney General for the purpose of enforcing ORS 646.569, the administrator shall furnish the Attorney General with all requested information about a party or any person who the Attorney General believes has engaged in a solicitation prohibited by ORS 646.569. The administrator may not charge a fee for furnishing the information to the Attorney General.
(e) Upon request of any party who has filed a notice and paid the fee as provided in subsection (2) of this section, the administrator shall furnish the party with all requested information about the party or any person who the party believes has engaged in a solicitation prohibited by ORS 646.569. The administrator may not charge a fee for furnishing the information to the party.
(f) The administrator shall comply with any lawful subpoena or court order directing disclosure of the list and of any other information.
(g) The administrator shall provide all information that may be requested by any successor administrator who may be selected by the Attorney General. The administrator may not charge a fee for furnishing the information to the successor administrator.
(5) The administrator shall promptly forward any complaints concerning alleged violations of ORS 646.569 to the Attorney General.
(6) Fees paid to the administrator under this section shall be considered income to the administrator in the manner specified in the contract between the administrator and the Attorney General.
(7) When furnishing the list or names under subsection (4) of this section, the administrator shall make the information available in printed and electronic form. [1999 c.564 §4; 2001 c.170 §2; 2007 c.441 §7]
Section: Previous 646.565 646.567 646.568 646.569 646.570 646.571 646.572 646.574 646.576 646.578 646.580 646.590 646.600 646.605 646.607 NextLast modified: August 7, 2008