DNC - Registration Exemptions

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Prepared by Copilevitz & Canter, LLC - (816) 472-9000 | This chart is not to be used as a substitute for legal counsel.

Registration Exemptions
Registration Exemptions Applicable to Companies Which Have Been in Business for at Least 5 Years Under the Same Name and/or Ownership and Provide 75% or More of their Services to Otherwise Exempt Entities.
State	Exemption
Alabama¹	EXEMPT (business must operate under same business name) Ala. Code § 8-19A-4(24) )
Alaska⁴	NOT EXEMPT
Arizona¹	EXEMPT Limited registration applies. (services must be provided under the same ownership or control) Ariz. Stat. § 44-1273(B)(11)
Arkansas²	NOT EXEMPT (IF MAKE “PRIZE” REPRESENTATION)
California²	NOT EXEMPT (IF MAKE “PRIZE” REPRESENTATION)
Colorado¹	EXEMPT (business must operate under same business name) Colo. Stat. 6-1-302(s)
Connecticut	N/A
Delaware¹	EXEMPT (75% requirement only applies, no year time limitation) 6 Del. Code 2503A(f)
District of Columbia³	NOT EXEMPT
Florida¹	EXEMPT (services must be provided under the same ownership or control) Fla. Stat. § 501.604(24)
Georgia	N/A
Hawaii	N/A
Idaho	NOT EXEMPT
Illinois	N/A
Indiana²	NOT EXEMPT (IF MAKE “PRIZE” REPRESENTATION)
Iowa	N/A
Kansas	N/A
Kentucky	NOT EXEMPT
Louisiana^1,2	EXEMPT (services must be provided under the same ownership or control) La. Stat. § 45:822(B)(17)
Maine	NOT EXEMPT
Maryland	N/A
Massachusetts	N/A
Michigan	N/A
Minnesota	N/A
Mississippi¹	EXEMPT (business must operate under same business name) Miss. Stat. § 77-3-609(t)
Missouri	N/A
Montana¹	EXEMPT (50% exemption applies, no year requirement) (business must operate under same business name) Mont. Code § 30-14-1405 (17)
Nebraska	N/A
Nevada²	NOT EXEMPT (IF MAKE “PRIZE” REPRESENTATION)
New Hampshire	N/A
New Jersey	NOT EXEMPT
New Mexico	N/A
New York	EXEMPT (So long as registered or licensed with any other state or federal agency) N.Y. CLS Gen. Bus. § 399-pp(10)(a)(5)
North Carolina¹	EXEMPT (3 year/ 75% exemption applies) (business must operate under same business name) N.C. Stat. § 66-260(11)(u)
North Dakota	N/A
Ohio¹	EXEMPT (business must operate under same business name, ownership and control) Ohio Stat. § 4719.01(B)(19)
Oklahoma¹	EXEMPT (business must operate under same business name) 15 Ok. Stat. § 775A.2(1)(q)
Oregon²	NOT EXEMPT (IF MAKE “PRIZE” REPRESENTATION)
Pennsylvania¹	EXEMPT (services must be provided under the same ownership and control) 73 Pa. Stat. § 2242 (10)
Rhode Island²	NOT EXEMPT (IF MAKE "PRIZE" REPRESENTATION)
South Carolina	N/A
South Dakota	NOT EXEMPT
Tennessee	N/A
Texas¹	EXEMPT (3 year/75 % exemption applies) (business must operate under same business name) Tex. Bus. & Com. Code § 302.060
Utah¹	EXEMPT (business must operate under same business name with its principal office in the same location and neither the company nor its principals have been enjoined from doing business or subjected to criminal actions for their business activities in this or any other state) Utah Code § 13-26-4(2)(l)
Vermont	NOT EXEMPT
Virginia	N/A
Washington	NOT EXEMPT
West Virginia¹	EXEMPT FROM BOND (2 year/ 50 % exemption applies to bond requirement. Registration still required.) (business must operate under same business name and ownership) W. Va. Code § 46A-6F-219
Wisconsin	N/A
Wyoming	NOT EXEMPT

¹ Most states exempt telemarketing service bureaus which have been in business for at least five years under the same name and ownership and provide more than 75% of their services to otherwise exempt companies, although these parameters can vary from state to state. Because these are the common perimeters for this exemption, this is often referred to as the “5-year/75%” exemption.

² These states only require registration for telemarketers if certain representations are made in the script such as the consumer will receive a free gift or “prize”, that the goods for sale are available below their regular price, that the seller is someone other than who he or she says she is or that the goods or services are provided or manufactured by someone other than the actual provider or manufacturer. See chart entitled “State Registration Requirements Based on Certain Prize Representations” for further explanation.

³ The District of Columbia has not published the forms required for this registration, nor do I think it will do so in the near future, but your service centers would be required to register if forms are ever promulgated under this section.

⁴ It is the opinion of the Alaska Attorney General’s office as of December 2004, that an entity that solicits only for otherwise exempt entities (100%) is not required to register under Alaska’s telemarketing registration law.

Publish Date: August 19, 2010