Immediate Disconnect (Permission
to Continue) |
State |
ID |
PTC |
Statutory Language & Citation |
Exemptions |
| Arkansas |
X |
|
"If the person receiving the telephone
call indicates that he or she does not want to hear about the charity, goods, or services,
the caller shall not attempt to provide additional information
during that conversation about the charity, goods, or services." Arkansas Code § 4-99-201(a)(2) |
- Business-to-business
telephone calls.
|
| Alaska |
X |
|
"A
telephone seller must terminate the telephone solicitation and
promptly disconnect the telephone line if the person receiving
the call objects to the solicitation or indicates that the person
is not interested in the product or service that is the subject
of the solicitation." Alaska Stat. § 45.63.045(b) |
No
established business relationship exemption, but standard commercial
telemarketing exemptions apply, including calls from publicly traded
companies, magazine publishers, utility companies, supervised financial
institutions, etc. |
| Idaho |
X |
|
"It
is an unlawful act for a telephone solicitor to: . . . Refuse
to hang up and free the purchaser's line immediately once requested
to do so by the purchaser." Idaho Code § 48-1003(1)(b) |
None. |
| Illinois |
X |
X |
"A live operator soliciting the sale of goods or services shall: …inquire
at the beginning of the call whether the person called consents
to the solicitation; and …if the person called requests to be
taken off the contact list of the business ororganization, the
operator must refrain from calling that person again and take
all steps necessary to have that person's name and telephone
number removed from the contact records of the business or organization… "815
I.L.C.S. 413/15(b)(2-3)
"It is a violation of this Act to continue with a solicitation placed by a live operator without the consent of the
called party." 815 I.L.C.S. 415/25(b).
|
-
Calls from telecommunications carriers, financial institutions, licensed insurers, licensed real estate
agents, or any affiliate, subsidiary, employee or agent of any of the above.
- Calls made by an autodialer1.
- Calls from persons registered under Illinois Securities
Law of 1953 or federal securities laws.
- Calls from a licensed insurance company, its licensed
employees or agents when performing acts within the scope of their licenses in relation to existing customers
or policyholders, or employees of licensed agents.
|
| Kansas |
X |
|
"Any
telephone solicitor who makes an unsolicited consumer telephone
call to a residential telephone number shall: …promptly discontinue
the solicitation if the person being solicited gives a negative
response at any time during the consumer telephone call." K.S.A.
50-670(b)(4) |
- Calls made
in response to a consumer's request.
- Calls made
in connection with existing debt or contract.
- Calls to persons
with whom the solicitor has an existing business relationship.
- Calls from
newspaper publishers or their agents.
- Business-to-business
telephone calls.
|
| Kentucky |
|
X |
"A
caller making a telephone solicitation shall: …Within the first
thirty seconds of the call…inquire whether the consumer is
interested in listening to a sales presentation; and …Immediately
discontinue the solicitation if the consumer responds in the
negative." K.R.S. § 367.46953(2-3).
*A caller "shall
inquire as to whether the person is eighteen (18) years of
age or older" because it is a prohibited telephone solicitation
act or practice to make a telephone solicitation to anyone
under eighteen years of age. K.R.S. § 367.46955(8).
|
- In response
to an express request by consumer;
- To debtors
or parties to a contract in connection with the payment of
an existing debt or contract;
- To any person
with whom the seller has a prior or existing business relationship;
- By merchants
if the merchant calls directly, does not sell or engage in
telemarketing services, and the call is specifically directed
to the person called only if the merchant maintains a business
establishment in Kentucky.
- Business-to-business.
- By charitable
organizations soliciting only donations.
|
| Mississippi |
X |
|
"Any
telephone solicitor who makes an unsolicited telephonic sales
call to a residential telephone number shall: …Discontinue the
call immediately if at any time during the conversation the person
being solicited expresses disinterest in continuing the call
or sales presentation." Mississippi Statute § 77-3-603(c) |
Established
business relationships, and other standard commercial telemarketing
exemptions including calls from publicly traded companies, magazine
publishers, utility companies, supervised financial institutions,
etc. |
| North
Carolina |
X |
|
"Any
telephone solicitor who makes a telephone solicitation shall
. . . if the telephone subscriber objects to the telephone
solicitation, terminate the telephone solicitation and promptly
disconnect from the telephone line of the person receiving
the call." N.C. Stat. § 75-102(c)(4).
"A telephonic
seller must inquire as to whether the prospective purchaser
it is contacting is under 18 years of age. If the prospective
purchaser purports to be under 18 years of age, the telephonic
seller must discontinue the call immediately." N.C.
Stat. § 66-264.
|
Business-to-business
telephone calls.
No established
business relationship exemption, but standard commercial telemarketing
exemptions apply, including calls from publicly traded companies,
magazine publishers, utility companies, supervised financial
institutions, etc.
|
| Oregon |
|
X |
"A
person who solicits potential customers by telephone…as a seller
is in violation…unless the person: … Within thirty seconds after
beginning the conversation: …Inquires whether the person being
solicited is interested in listening to a sales presentation
and immediately discontinues the solicitation if the person being
solicited gives a negative response." O.R.S. § 646.611(1)(d) |
None. |
| Pennsylvania |
X |
|
"The
following acts are prohibited: …Failing to end a telemarketing
solicitation call when the consumer indicates he wants to end
the call." 73 Pennsylvania Statute § 2245(A)(8) |
Business-to-business
telephone calls.
*Business-to-business
is defined as a person or business conducting a business-to-business
sale where the selling business has been operating continuously
for at least three years under the same business name and has
at least 50% of its dollar volume of consisting of repeat sales
to existing businesses. 73 P.S. § 2242(5).
|
|
South Dakota |
X |
X |
"Any
telemarketer who makes an unsolicited consumer telephone call to a residential telephone number shall:
(2) Within thirty seconds after beginning the conversation, inquire whether the person
being solicited is interested in listening to a sales presentation and immediately discontinue the
solicitation if the person being solicited gives a negative response." and
(3) Immediately hang up the telephone any time during the solicitation that the consumer expresses a
disinterest in the good or service offered.
South Dakota Statute § 37-30A-2(2) |
Same
as Kansas exemptions. |
| Utah |
X |
|
"Any
telephone solicitor who makes an unsolicited telephone call to
a telephone number shall: …discontinue the solicitation if the
person being solicited gives a negative response at any time
during the telephone call; and…hang up the phone..." Utah
Statute § 13-25a-103(5)(d-e) |
- Calls made
in response to a consumer's request.
- Calls made
in connection with existing debt or contract.
- Calls to persons
with whom the solicitor has an existing business relationship.
- Calls made
as required by law for a medical purpose.
|
| Washington |
X |
|
"Within
the first minute of the telephone call, a commercial telephone
solicitor or salesperson shall: …Terminate the telephone call
within ten seconds if the purchaser indicates he or she does
not wish to continue the conversation." R.C.W. 19.158.110(1)(b) |
Established
business relationships if a previous purchase was made, and standard
commercial telemarketing exemptions including calls from publicly-traded
companies, magazine publishers, utility companies, supervised financial
institutions, etc. |
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