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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.

Business-To-Business
Federal and State telemarketing requirements applicable to business-to-business calls

State

DNC List1

Registration Requirements

Caller ID Restrictions

Immediate Disconnect (No Rebuttal/Permission to Continue)

Ban on Delivery of Recorded Messages

Disclosure Requirements

Fax

Abandonment

Federal            

 

 
TSR 2   N/A   N/A      
TCPA May apply to home based business only. N/A X N/A   X X
X
State              
Alabama       N/A N/A   N/A N/A
Alaska   X N/A X X   N/A N/A
Arizona  

X3

X N/A X     N/A
Arkansas   X * X   X     N/A
California   X* X N/A X    
X
Colorado X4 X

A person is exempt if "soliciting business purchasers who have previously purchased identical or similar goods or services from the business enterprise on whose behalf the person is calling."

Colo. Stat. § 6-1-302(1)(t).

  N/A X X

A person is exempt if "soliciting business purchasers who have previously purchased identical or similar goods or services from the business enterprise on whose behalf the person is calling."

Colo. Stat. § 6-1-302(1)(t).

  N/A
Connecticut   N/A   N/A X N/A   N/A
Delaware N/A   N/A N/A N/A   N/A N/A
DC N/A X N/A N/A   X N/A N/A
Florida   X5 X5 N/A   X5   N/A
Georgia   N/A   N/A   N/A   N/A
Hawaii N/A N/A   N/A N/A X N/A N/A
Idaho   X   X Calls allowed but state behavioral restrictions apply. X   N/A
Illinois   N/A X   X X   N/A
Indiana   X * X N/A X   N/A N/A
Iowa N/A N/A N/A N/A Calls allowed but state behavioral restrictions apply. N/A N/A N/A
Kansas 6   N/A     N/A  

 
 
Kentucky         X     N/A
Louisiana   X *   N/A       N/A
Maine   X X N/A Calls allowed but state behavioral restrictions apply.     N/A
Maryland N/A N/A N/A N/A X X   N/A
Massachusetts   N/A N/A N/A Calls allowed but state behavioral restrictions apply.     N/A
Michigan   N/A X N/A X7     N/A
Minnesota   N/A   N/A X     N/A
Mississippi         X   N/A N/A
Missouri   N/A   N/A   X8 N/A N/A
Montana     X N/A X X   N/A
Nebraska N/A N/A N/A N/A X     N/A
Nevada   N/A per AB 561 § 77 X N/A X X   N/A
New Hampshire   N/A   N/A   X N/A N/A
New Jersey       N/A X9     N/A
New Mexico   N/A   N/A X     N/A
New York       N/A Calls allowed but state behavioral restrictions apply. X   N/A
North Carolina   X10       X10   N/A
North Dakota   N/A   N/A     N/A N/A
Ohio   X11 X11 N/A N/A X11   N/A
Oklahoma   X12 X12 N/A X X12   X
Oregon   X * N/A X       N/A
Pennsylvania   X13     Calls allowed but behavioral restrictions apply. X13   N/A
Rhode Island N/A X * N/A N/A X *     N/A
South Carolina N/A N/A N/A N/A       N/A
South Dakota     N/A       N/A N/A
Tennessee   N/A   N/A Calls allowed, behavioral restrictions apply and permit required.     N/A
Texas   X14   N/A Calls allowed behavioral restrictions apply and license required. X14 X N/A
Utah   X X X X X   N/A
Vermont   X N/A N/A N/A   N/A N/A
Virginia N/A N/A   N/A X     N/A
Washington N/A X15 N/A X15 X X15   N/A
West Virginia N/A   N/A         N/A
Wisconsin   N/A X16   X     N/A
Wyoming         X     N/A
 

* Requirement only applies in these states if certain "prize representations" are made by the caller. Please see chart titled "State Registration Requirements Based on Certain Prize Representations" for a list of prize representations requiring registration.

Footnotes:

1This column only applies to the federal and state "do-not-call" lists issued by federal and state agencies, and not internal "do-not-call" lists.
2Telephone calls between a telemarketer and any business, except calls to induce the retail sale of nondurable office or cleaning supplies, are exempt from the TSR; however, that § 310.4(b)(1)(iii)(B) [DNC List} and § 310.5 [recordkeeping requirements] of this Rule shall not apply to sellers or telemarketers of nondurable office or cleaning supplies 16 C.F.R. § 310.6(7) [emphassis added].
3A person or solicitor for a person soliciting another business is exempt if all the followinhg occur:

  1. at least 50% of the person's dollar value consists of repeat sales to exsisting businesses.
  2. The person does not conduct a prize promotion that requires or implies that to win a consumer must pay money or purchase merchandise.
  3. Neither the person nor any of the person's principals has within 20 years been convicted in any state of a felony or crime of moral turpitude, breach of trust, fraud, theft, dishonesty or violation of telephone solicitation laws, been subject to a final judgement in a civil action involving fraud, deceit or misrepresentation or been subject to an administrative order involving fraud, deceit, misrepresentation or any violation of telephone solicitation laws of any agency of this state, the federal government, a territory of the United States or another country.
Ariz. Stat. § 44-1273(A)(6)

4The Colorado Supreme Court has held that the state “do-not-call” list applies to calls to home-based businesses. Numbers which are used for both residential and business purposes are included on the “do-not-call” list. See Holcomb v. Jan-Pro Cleaning Sys. of S. Colo., 172 P.3d 888 (Colo. 2007).
5 Business-to-business sales are exempt where:
  1. The commercial telephone seller has been operating continuously for at least 3 years under the same business name and has at least 50 percent of its dollar volume consisting of repeat sales to exsisting businesses;
  2. The purchaser business intends to resell or offer for purposes of advertisement of as a promotional item the property of goods purchased; or
  3. The purchaser business intends to use theproperty of goods purchased in a recycling, reuse, remanufacturing, or manufacturing process.

Fla. Stat. § 501.604(10)


6 Under Kansas law, “consumer” is defined as “an individual, husband and wife, sole proprietor, or family partnership who seeks or acquires property or services for personal, family, household, business or agricultural purposes.” KS Code 50-624(b). I.e. family farms are included within this definition.
7This ban only applies to “an individual who has subscribed to residential, business, or toll-free telephone service from a telephone company regulated by this state, and all other persons with the same legal residence as the subscribing individual.” Mich. Stat. § 484.125(1)(d).
8“Telephone calls or messages between a telemarketer and any business except calls involving the retail sale of nondurable office and cleaning supplies” are exempt. Mo. Stat. § 407.1085(1)(4)(d).

9This statute only applies to intrastate calls, i.e. callers within the state of New Jersey calling New Jersey residents.
10Any person is exempt if “soliciting a purchase from a business, provided the person soliciting makes reasonable efforts to ensure that the person solicited has actual authority to bind the business to a purchase agreement.” N.C. Stat. § 66-260(11)(m).
11A person soliciting a business-to-business sale is exempt if "any of the following conditions are met:

  1. The telephone solictor has been operating continuously for at least three years under the same business name under which it solicits purchasers, and at least fifty-one per cent of its gross dollar volume of sales to exsisting costomers to whom it has made sales under the same business name.
  2. The purchaser business intends to resell the goods purchased.
  3. The purchaser business intends to use the goods or services purchased in a recycling, reuse, manufacturing, or remanufacturing process.
  4. The telephone solicitor is a publisher of a periodical or of magazines distributed as controlled circulation publications as defined in divisions (CC) of section 5739.01 of the Ohio Revised Code and is soliciting sales of advertising, subscriptions, reprints, lists, information databases, conference participation or sponsorships, trade shows or media products related to the periodical or magazine, or other publishing services provided by the controlled circulation publication.

Ohio Code § 4719.01(A)(12)

* Requirement only applies in these states if certain prize representations are made by the caller.
12A person is exempt if “soliciting business solely from business purchasers who have previously purchased identical or similar goods or services from the business enterprise on whose behalf the person is calling”. 15 Okla. Stat. § 775A.2(1)(r).
13A person or business is exempt if it is “conducting a business-to-business sale where the selling business has been operating continuously for at least 3 years under the same business name and has at least 50% of its dollar volume consisting of repeat sales to existing businesses.” 73 P.S. § 2242 (4).
14Calls are exempt when "the purchaser" is a business that intends to:
  1. resell the item purchased; or
  2. use the item purchased in a recycling, reuse, remanufacturing, or manufacturing process.

Tex. Bus. & Com. Code § 302.056.


15A business-to-business sale is exempt "where:
  1. The purchaser business intends to resell the property or goods purchased, or
  2. The purchaser business intends to use the property or goods purchased in a recycling, reuse, remanufacturing, or manufacturing process.
Wash. Code § 19.158.020(3)(s).

Business-to-business sales are also exempt where: "A person soliciting the sale of agricultural products, as defined in RCW 20.01.010 where the purchaser is a business." Id. at (p).

16A telephone call is exempt if “made to a number listed in the current local business telephone directory.” Wisc. ATCP Admin. Code § 127.80(10)(e).
 

Publish Date: December 10, 2009

 

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