4 CCR 723-2-2891 - Definitions

The following definitions apply only in the context of rules 2890 through 2899.

(a) "Colorado No-call List" means the database of Colorado residential subscribers and wireless telephone service subscribers that have given notice, in accordance with rules promulgated by the Commission, of such subscribers' objection to receiving telephone solicitations.

(b) "Conforming list broker" means any person or entity that provides lists for the purpose of telephone solicitation, if such lists shall have removed, at a minimum of every 30 days, any phone numbers that are included on the Colorado No-call List.

(c) "Designated agent" means the party with whom the Commission contracts to administer the Colorado No-call List program.

(d) "Established business relationship" means a relationship that:

(I) Was formed, prior to the telephone solicitation, through a voluntary, two-way communication between a seller or telephone solicitor and a residential subscriber, or wireless service subscriber, with or without consideration, on the basis of an application, purchase, ongoing contractual agreement, or commercial transaction between the parties regarding products or services offered by such seller or telephone solicitor;

(II) Has not been previously terminated by either party; and

(III) Currently exists or has existed within the immediately preceding 18 months.

(IV) With respect to a financial institution or affiliate, as those terms are defined in § 527 of the federal Gramm-Leach-Bliley Act of 1999, an established business relationship includes any situation in which a financial institution or affiliate makes solicitation calls related to other financial services offered, if the financial institution or affiliate is subject to requirements regarding privacy of Title V of the Federal Gramm-Leach-Bliley Act of 1999, and the financial institution or affiliate regularly conducts business in Colorado.

(e) "Internet" means the international computer network consisting of federal and non-federal, interoperable packet-controlled switched data networks.

(f) "Residential subscriber" means:

(I) A person who has subscribed to residential telephone service with a local exchange provider, as defined in § 40-15-102(18), C.R.S., or

(II) Another person living or residing with the person described in subparagraph (I) of this paragraph.

(g) "Residential telephone service" includes wireline transmission of voice or facsimile communication to residential telephone customers.

(h) "Telephone solicitation":

(I) "Telephone solicitation" means any voice, facsimile, graphic imaging, or data communications, including text messaging, communication over a telephone line or wireless telephone for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, whether such communication originates from a live operator, through the use of automated dialing and recorded message equipment, or by other means.

(II) "Telephone solicitation" does not include communications:

(A) To any residential subscriber or wireless telephone service subscriber with that subscriber's prior express invitation or permission;

(B) By or on behalf of any person or entity with whom a residential subscriber or wireless telephone service subscriber has an established business relationship;

(C) For 30 days after a residential subscriber or wireless telephone service subscriber has contacted a business to inquire about the potential purchase of goods or services or until the subscriber requests that no further calls be made, whichever occurs first;

(D) By or on behalf of a charitable organization that is required to and that has complied with the notice and reporting requirements of § 6-16-104, C.R.S., or is excluded from such notice and reporting requirements by § 6-16-103(7), C.R.S.;

(E) Made for the sole purpose of urging support for or opposition to a political candidate or ballot issue; or

(F) Made for the sole purpose of conducting political polls or soliciting the expression of opinions, ideas, or votes.

(i) "Telephone solicitor" means any person or entity that makes a telephone solicitation or that causes a telephone solicitation to be made.

(j) "Wireless telephone" means a telephone that operates without a physical wireline connection to the provider's equipment. The term includes, but is not limited to, cellular and mobile telephone.

(k) "Wireless telephone service subscriber" means a person who has subscribed to a telephone service that does not employ a wireline telephone, or that employs both wireline and wireless telephone equipment on the same customer account.

Notes

4 CCR 723-2-2891

39 CR 21, November 10, 2016, effective 12/1/2016 40 CR 15, August 10, 2017, effective 9/1/2017 41 CR 03, February 10, 2018, effective 3/2/2018 42 CR 02, January 25, 2019, effective 2/14/2019 42 CR 07, April 10, 2019, effective 4/30/2019 43 CR 02, January 25, 2020, effective 2/14/2020 43 CR 17, September 10, 2020, effective 8/17/2020 44 CR 17, September 10, 2021, effective 8/11/2021 44 CR 18, September 25, 2021, effective 10/15/2021 45 CR 03, February 10, 2022, effective 12/29/2021 45 CR 01, January 10, 2022, effective 1/30/2022 46 CR 05, March 10, 2023, effective 3/30/2023