Does your state have its own version of the TCPA?

Alaska does not have its own version of the TCPA, per se.  However, Alaska does regulate telephone solicitations under its Consumer Protection Act, AS 45.63.010, et seq.

Please address state specific consumer protection statutes that are often paired with TCPA or its state iterations and the additional element and penalties.

Telephone solicitors (sellers) must register with the Alaska Department of Law at least 30 days prior to making any telephonic sales within the state.

• Failure to register prior to making telephonic sales can subject the seller to civil and criminal penalties.

Telephonic sellers also must, within the first 15 seconds of a call, clearly disclose the seller’s name and phone number, who the seller represents, and that the call is a sales call.

• If the call recipient indicates that he or she is not interested in the solicitation, the caller must hang up promptly.

Alaska also has its own Do-Not-Call regulations, AS 45.50.475.

• It is a violation of the Consumer Protection Act for a person to make a telephone solicitation of a customer whose telephone number is registered with the national do not call registry, to solicit a customer who has previously communicated the customer’s desire not to receive telephone solicitations, or to originate a call using an automated or recorded message as a telephonic advertisement or telephone solicitation.

What are the current best practices to comply with the State’s iteration of the TCPA?

• Timely register with the Department of Law prior to making any telephone solicitations.
• Make the required disclosures upon initiating a telephone solicitation.
• Terminate the call if the customer indicates that he or she is not interested in the goods or services being offered.
• Subscribe and adhere to the national Do-Not-Call registry.
• Maintain an internal do-not-call database for customers who have asked not to be called.