House amendment to the 2nd edition modifies the definition of prior express written consent in GS 75-101 so that it is a written agreement that: (1) bears the signature (defined) of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called telephone solicitations; (2) includes the telephone number to which solicitations are authorized to be delivered; and (3) contains a clear and conspicuous disclosure informing the signatory that the person, in signing the agreement, authorizes the seller to deliver, or cause to be delivered, to the signatory telephone solicitations and that the person is not required to sign the agreement or enter into the agreement as a condition of purchasing any property, goods, or services. (Previously, term meant a written agreement bearing the signature of the telephone subscriber that clearly authorizes the telephone solicitor to deliver or cause to be delivered to the telephone subscriber telephone solicitations, and the telephone number to which the signatory authorizes such telephone solicitations to be delivered. Prior express written consent for a call or text (i) shall be to a single person; (ii) may be obtained only after clear and conspicuous disclosure that the telephone subscriber will receive future calls on behalf of a specific seller; (iii) is effective if the form of signature is recognized as a valid signature under applicable federal or State law; and (iv) is nontransferable.)
Bill Summaries: H936 (2025-2026 Session)
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Bill H 936 (2025-2026)Summary date: May 7 2025 - View summary
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Bill H 936 (2025-2026)Summary date: May 6 2025 - View summary
House committee substitute to the 1st edition makes the following changes.
Removes the prohibition on robocalls being made before 8 am or after 9 pm in GS 75-102(f).
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Bill H 936 (2025-2026)Summary date: Apr 10 2025 - View summary
Makes changes throughout GS Chapter 75, Article 4, to address robocall solicitations.
Amends GS 75-101 removing the definitions of “automatic dialing and recorded message player,” “express invitation or permission,” and “unsolicited telephone call,” and add definitions for “prior express written consent,” “robocall,” and “robocaller.” Amends the definition of “telephone solicitor” to include any person that provides assistance or support for making telephone solicitations.
Amends GS 75-102 (Restrictions on telephone solicitations) prohibiting solicitation calls and robocalls before 8am or after 9pm in subsection (f). Amends (h) to prohibit robocalls from engaging in threats, intimidation, or the use of profane or obscene language. Repeals subsection (i), moving the substance of this subsection to the new GS 75-104A(a). Amends subsection (k) and subsection (l) to require prior express written consent instead of express invitation or permission for obtaining consent from a telephone subscriber on the “Do Not Call” Registry.
Amends GS 75-103 to require prior express written consent instead of express invitation or permission for the exception to prohibitions on contact and the dispute resolution procedure for whether a telephone provider has provided consent.
Amends GS 75-104 to change the statute's title to “Restrictions on use of robocalls” and replace automatic dialing and recorded message player with robocall throughout.
Enacts GS 75-104A (Restrictions on spoofing and impersonating government officials), prohibiting telephone solicitors and robocallers from impersonating officials. Provides in subsection (a) that robocallers may not use misleading information, but does not hold telephone providers responsible for violations, and allows solicitors to use the name of the organization they are soliciting on behalf of in the call. Makes it unlawful to impersonate any federal, state, or local government official, law enforcement professional, or government agency to defraud, confuse, or injure a telephone subscriber in subsection (b).
Amends GS 75-105 (Enforcement) to include robocaller throughout the statute. Provides that if a single call violates multiple parts of the Article, penalties are assessed for each violation. Makes it a rebuttable presumption that a telephone subscriber with a North Carolina area code is a resident of North Carolina when a solicitation is made. Includes reference to the new GS 75-104A for enforcement under subsection (c).
Amends GS 75-115(3) to require prior express written consent as outlined in GS 75-101 for the solicitation of advertisements.
Effective and applicable to telephone solicitations in violation of the act on or after October 1, 2025.