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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.
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Disclosure
Requirements (Telemarketing) |
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Disclosure Requirements
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Exemptions
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Statutory Citation
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Telephone
Consumer Protection Act (TCPA)
- Name
of the individual caller
- Name
of the person or entity on whose behalf the call
is being made.
- Telephone
number or address at which the person or entity
may be contacted.
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Caller
Identification Disclosures:
Any person or entity that engages in telemarketing must transmit
caller identification information, including
- Either
ANI or Calling Party Number (CPN), and
- If
available by the telemarketer's carrier, the telemarketer's
name.
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Preacquired Account Information Requirements—the seller or telemarketer must meet the following
requirements in any telemarketing transaction involving preacquired account information:
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Call
Abandonment Message Requirements:
Whenever a sales representative is not available to speak with
the person answering the call, that person must receive, within
2 seconds after the called person's completed greeting, a prerecorded
identification message that states only the name and telephone
number of the business, entity, or individual on whose behalf
the call was placed, and that the call was for "telemarketing
purposes."
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Artificial/Prerecorded
Messages:
- At
the beginning of the message, the identity of
the business, individual or entity responsible
for initiating the call.(If a business is responsible,
must disclose the name under which the entity
is registered to conduct business with the state
regulatory authority.
- During
or after the message, the telephone number (other
than that of the autodialer or message player
that placed the call) of the business, entity
or individual. *This number may not be a 900
number or other number for which charges exceed
local or long distance charges; and must permit
any individual to make a do-not-call request
during regular business hours.
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Telephone
Sales Rule (TSR)
Promptly, clearly and conspicuously:
- The
identity of the seller.
- That
the purpose of the call is to sell goods or services.
- The
nature of the goods or services.
- That
no purchase or payment is necessary to be able to win
a prize or participate in a prize promotion if a prize
promotion is offered. This disclosure must be made
before or in conjunction with the description of the
prize to the person called. If requested by that person,
the telemarketer must disclose the no-purchase no-payment
entry method for the prize promotion.
Before
a customer pays, and clearly and conspicuously:
- The
total costs to purchase, receive, or use, and the quantity
of, any goods or services that are the subject of the
sales offer.
- All
material restrictions, limitations, or conditions to
purchase, receive, or use the goods or services that
are the subject of the sales offer.
- If
the seller has a policy of not making refunds, cancellations,
exchanges, or repurchases, a statement informing the
customer that this is the seller's policy; or, if the
seller or telemarketer makes a representation about
a refund, cancellation, exchange, or repurchase policy,
a statement of all material terms and conditions of
such policy;
- In
any prize promotion, the odds of being able to receive
the prize, and if the odds are not calculable in advance,
the factors used in calculating the odds; that no purchase
or payment is required to win a prize or to participate
in a prize promotion; and the no purchase o payment
method of participating in the prize promotion with
either instructions on how to participate or an address
or local or toll-free telephone number to which customers
may write or call for information on how to participate.
- All
material costs or conditions to receive or redeem a
prize that is the subject of the prize promotion.
- In
the sale of goods or services represented to protect,
insure, or otherwise limit a customer's liability in
the event of unauthorized use of the customer's credit
card (credit card protection), the limits on a cardholder's
liability for unauthorized use of a credit card.
- If
the offer includes a negative option feature, all material
terms and conditions of the negative option feature,
including, but not limited to, the fact that the customer's
account will be charged unless the customer takes an
affirmative action to avoid the charge(s), the date(s)
the charge(s) will be submitted for payment, and the
specific steps the customer must take to avoid the
charge(s).
Abandonment Message Requirements:
- Whenever
a sales representative is not available to speak with
the person answering the call within 2 seconds after
the called person's completed greeting, the seller
or telemarketer must play a recorded message stating
the name and telephone number of the seller on whose
behalf the call was placed.
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USA
PATRIOT Act:
A bank
must obtain the following information prior to opening
or adding a signatory to an account:
- Name.
- For
individuals, date of birth.
- For
individuals, residence, and if different, mailing address;
or for corporations, partnerships, and trusts: principal
place of business, and if different, mailing address.
- For
U.S. persons, a U.S. taxpayer identification number;
or for non-U.S. persons, one or more of the following:
a U.S. taxpayer i.d. number, passport number and country
of issuance, alien i.d. card number, or number and
country of issuance of any other government-issued
document evidencing nationality or residence and bearing
a photograph or similar safeguard.
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Calls
by tax-exempt nonprofit organizations.
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Calls
by tax-exempt nonprofit organizations.
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N/A
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N/A
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- Calls
for the sale of pay-per-call services subject to the
Commission's "Trade Regulation Rule Pursuant to the Telephone
Disclosure and Dispute Resolution Act of 1992," 16 CFR
part 308.
- Calls
for the sale of franchises subject to the Commission's
Rule entitled "Disclosure Requirements and Prohibitions
Concerning Franchising and Business Opportunity Ventures," 16
CFR part 436.
- Calls
in which the sale of goods or services is not completed
until after a face-to-face sales presentation by the
seller.
- Calls
initiated by a customer that are not the result of any
solicitation by a seller or telemarketer;
- Calls
initiated by a customer in response to an advertisement
through any media, other than direct mail solicitations;
provided, however, that this exemption does not apply
to calls initiated by a customer in response to an advertisement
relating to investment opportunities, goods or services
described in § § 310.4(a) (2) or (3), or advertisements
that guarantee or represent a high likelihood of success
in obtaining or arranging for extensions of credit, if
payment of a fee is required in advance of obtaining
the extension of credit.
- Calls
initiated by a customer in response to a direct mail
solicitation, including solicitations via the U.S. Postal
Service, facsimile transmission, electronic mail and
other similar methods of delivery in which a solicitation
is directed to specific address(es) or person(s), that
clearly, conspicuously, and truthfully discloses all
material information for any item offered in the solicitation,
and that contains no material misrepresentation for any
requested charitable contribution; provided, however,
that this exemption does not apply to calls initiated
by a customer in response to a direct mail solicitation
relating to prize promotions, investment opportunities,
business opportunities other than business arrangements
covered by the Franchise Rule, goods or services, or
direct mail solicitations that guarantee or represent
a high likelihood of success in obtaining or arranging
for extensions of credit, if payment of a fee is required
in advance of obtaining the extension of credit; or to
any instances of upselling included in such calls.
- Business-to-business
calls, except calls involving the retail sale of nondurable
office or cleaning supplies.
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47
C.F.R. § 64.1200(d)(4)
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47
C.F.R. § 64.1601(e)
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47
C.F.R. § 64.1200(a)(6)
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47
C.F.R. § 64.1200(b)
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16
CFR § 310.2 et seq.
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31
C.F.R. § 103.121(b)(2)(i)
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Within
first 30 seconds:
- Caller's
true name.
- Company on
whose behalf the solicitation is being made.
- Consumer
goods or services being sold.
If sale completed:
- 1.Purchaser's
cancellation rights.
- License
number issued by the state for both the commercial telephone
seller and the salesperson.
- Street address
of the seller.
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Calls
made when there is an established business relationship are exempt.
Standard commercial
telemarketing exemptions apply including calls from publicly
traded companies, magazine publishers, utility companies, supervised
financial institutions, business-to-business calls etc.*
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8-19A-12
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Within
first 15 seconds:
- Registered
seller's name and telephone number.
- Whom the
registered seller represents.
- That the
call is a sales call.
Seller must
repeat the above information at any time during the conversation
upon the request of the person called.
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.
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Standard
commercial telemarketing exemptions apply including calls from
publicly traded companies, magazine publishers, utility company,
supervised financial institutions, business-to-business calls etc.* |
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Before
beginning the solicitation:
- Complete
street address of physical location from which the seller
is making the call and complete street address of seller's
principal location.
- Legal name
of the seller on whose behalf the caller is making the solicitation.
- Caller's
true legal name.
- Purpose
of the call is to sell merchandise.
During the
solicitation:
- Any charge
associated with a prize offered.
- Any material
restriction, requirement, condition, limitation, or exception
associated with a prize.
- Any charge
connected with the sale of merchandise.
- Time period
within which any prize will be delivered.
- Consumer's
right to cancel the transaction.
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Calls
to persons with whom there is an established business relationship
if the caller uses the same name as in the previous transaction,
no sale of securities or prize promotion is involved, the caller
does not operate a recovery service and the caller has not violated
a telephone solicitation law or been convicted of a felony or
crime within the last 20 years.
Standard commercial
telemarketing exemptions also apply, including calls from publicly
traded companies, magazine publishers, utility companies, supervised
financial institutions, business-to-business calls etc.*
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44-1276
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- Caller's
identity.
- Identity
on whose behalf the call is being made.
- Purpose
of the call, including a brief description of the goods
or services to be offered.
- If the
person receiving the call indicates that he or she does
not want to hear about the charity, goods, or services,
the caller must immediately disconnect.**
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*These disclosure requirements only apply to prize promotion representations.
Prize
Promotions:
- The
manner in which the seller decides which item or items
a particular prospective purchaser is to receive.
- The
odds a single prospective purchaser has of receiving
each described item.
- All
rules, regulations, terms, and conditions a prospective
purchaser must meet in order to receive the item.
- The
complete address of the location from which the salesperson
is calling the purchaser and, if different, the complete
address of the seller's principal location.
- The
total number of individuals who have actually received
from the seller during the past 12 months, or if the
seller has not been in business that long during the
period the seller has been in business, the item having
the greatest value and the item with the smallest odds
of being received.
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Calls made
when there is an established business relationship, as
long as the same business name is used.
Business-to-business
calls.
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- 1. A
registered seller of a security.
- A licensed
seller of insurance.
- A person
primarily soliciting the sale of a newspaper of general
circulation, a magazine, or membership in a book or record
club.
- A person
soliciting business from prospective purchasers who have
previously purchased from the business enterprise for
which the person is calling.
- A person
soliciting without the intent to complete, the sales
presentation during the telephone solicitation but completes
the sales presentation at a later face-to-face meeting
between the solicitor and the prospective purchaser.
- Any
supervised financial institution or parent, subsidiary,
or affiliate.
- Any
burial association operating pursuant to state law.
- A person
or an affiliate of a person whose business is regulated
by the Arkansas Public Service Commission.
- An issuer
or a subsidiary of an issuer that has a class of securities
which is subject to, and which is either registered or
exempt from registration.
- A person
soliciting a transaction regulated by the Commodity Futures
Trading Commission if the person is registered or temporarily
licensed for this activity with the Commission.
- A person
soliciting a transaction directed to a purchaser holding
a permit pursuant to the Arkansas Gross Receipts Act,
and in which the solicitation deals with goods of a type
that are subject to resale by the purchaser.
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Upon
initial contact:
- Identity
of the person making the solicitation.
- Trade
name of the person represented by the person making
the solicitation.
- Kind
of goods or services being offered for sale.
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*These disclosure requirements only apply to prize promotion representations.
Prize Promotions:
- The
manner in which the seller decides which item a purchaser
is to receive, the odds of winning, and all rules,
regulations and terms involved in a prize promotion.
- Complete
street address of location from which seller is calling.
- Total
number of people who have received prizes from the
seller.
Home
solicitation contracts or offers:
- Buyer's
right to cancel up until midnight of third business
day after day he receives the product.
- A
written notice of cancellation will be sent with the
products orders or with a confirmation of services
ordered.
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- Non-profit
charitable organizations.
- Any
person selling any intangibles.1
- Business-to-business
calls.
- Newspapers
which are printed distributed periodically at daily,
weekly, or other short intervals for the dissemination
of news of a general character and of a general interest.
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Calls to
persons who have previously purchased from the seller.
Standard
commercial telemarketing exemptions including calls from
publicly traded companies, magazine publishers, utility
companies, supervised financial institutions, business-to-business
calls etc.*
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Bus. & Com.
17500.3 (a)(1)-(3)
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Bus. & Com.
17511.5
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That
the purchaser has cancellation rights. |
Calls
to persons who have previously purchased from the business for
which the person is calling are exempt,
Standard commercial telemarketing exemptions apply
including calls from publicly traded companies, magazine publishers, utility companies, supervised
financial institutions, etc.*
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6-1-304
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N/A
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N/A
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N/A
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Beginning
of call and prior to sales pitch:
- Purpose
of call is to sell specific merchandise.
- Caller's
name.
- Name of
seller on whose behalf the solicitation is being made.
- Accurate
information concerning the nature and description of the
merchandise being offered.
Before completion
of the call and payment:
- Total amount
of money to be paid.
- Restrictions,
limitations, or conditions applicable to the purchase.
- Material
aspects of performance, quality, efficacy, nature, or basic
characteristics of the call.
- Material
aspects of the terms or nature of the refund, cancellation,
exchange or repurchase policies.
- Material
aspects of investment being offered.
- Material
elements of a prize promotion including description of prize,
market value, conditions to receive or redeem the prize,
actual number of prizes, odds of winning, no purchase or
payment required to win, and instructions on how to participate
or a telephone number or address where such instructions
may be provided.
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- Calls in which
the sale of merchandise is not completed until a later face-to-face
meeting.
- Calls initiated
by a customer that aren't the result of any solicitation by
the seller.
- Calls in connection
with any sale of goods or services by a business supplier to
a business or between businesses.
- Calls by or
on behalf of charitable organizations.
- Calls for
other noncommercial purposes.
- Calls by or
on behalf of a licensed insurance broker, agent, representative,
or solicitor.
- Calls by or
on behalf of persons registered with the state Securities Commissioner.
- Calls by or
on behalf of supervised financial institutions.
- Calls soliciting
sales through a catalog.
- Calls for the
sale of goods or services regulated by the Public Service Commission
or the Federal Communications Commission.
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6
De. Code 2506A
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Within
first 30 seconds:
- Caller's
true first and last name.
- Company on
whose behalf the solicitation is being made.
- Goods or
services to be sold.
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- One-time or
infrequent calls unrelated to a pattern of repeated transactions.
- Calls to provide
information to a consumer and in which payment is not accepted.
- Calls to administer
an existing account or service an existing customer.
- Calls to respond
to a consumer's request.
- Calls in which
the seller does not accept payment for the sale of goods or
services in that call.
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22-3226.15
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Within
first 30 seconds:
- Caller's
true name.
- Company
on whose behalf the solicitation is being made.
- Consumer
goods or services being sold.
If
sale completed:
- Cancellation
rights of consumer.
- License
number issued for the commercial telephone seller and
the salesperson.
- Street
address of the seller.
Immediately
upon making contact with the person called:
- Telephone
solicitor's true first and last names.
- Business
on whose behalf he or she is soliciting.
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- Calls
made in response to an express request of the person
called.
- Calls
made primarily in connection with an existing debt or
contract, payment or performance of which has not been
completed at the time of such call.
- Calls
made to any person with whom the telephone solicitor
has a prior or existing business relationship.
- Calls
made by a newspaper publisher or his or her agent or
employee in connection with his or her business.
- Non-profit
organizations.
- Business-to-business
calls.
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Calls when
there is an existing business relationship are exempt if
the same exact business name is used by the caller.
Standard
commercial telemarketing exemptions including calls from
publicly traded companies, magazine publishers, utility
companies, supervised financial institutions, business-to-business
calls etc.*
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N/A |
N/A |
N/A
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- True purpose
of the call.
- Caller's name.
- Company or
entity on whose behalf the solicitation is being made.
- Goods or services
being offered.
- Total purchase
costs of the goods or services to be received.
- Restrictions,
limitations, or conditions to purchase or use the goods or
services.
- Material term
or condition of seller's refund, cancellation, or exchange
policy.
- Material costs
or conditions relating to receiving a prize, including the
odds of winning, nature and value of the prize that no purchase
is necessary to win, and the no purchase method of entering
the contest.
- Any material
aspect of an investment opportunity.
- Quantity and
any material aspect of the quality or basic characteristics
of the goods or services.
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- Calls made
for religious or political purposes.
- Calls by registered
securities broker-dealers, salespersons, or investment advisors.
- Calls by supervised
financial institutions.
- Calls by licensed
or authorized insurance companies.
- Calls by accredited
colleges or universities.
- Calls by sellers
who publish catalogs.
- Calls by political
subdivisions.
- Calls for
the sale of goods or services by telecommunications or landline
or wireless video service providers.
- Calls by licensed
real estate brokers.
- Calls by registered
travel agencies.
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481P-2
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- Identity
of caller.
- Trade-name
of person represented by the person calling.
- Kind
of goods or services offered for sale.
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- At the
time the purchase is completed, the purchaser's right
to cancel.
- Telephone
solicitor's registration number issued by the state attorney
general.
- Full
street address, including the telephone number, of the
telephone solicitor if a sale or purchase is completed.
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| Caller
must hang up pursuant to a purchaser's request.** |
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None.
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- A person
engaging in telephone solicitations where the solicitation
is an isolated transaction and not done in the course
of a pattern of repeated transactions of like nature;
or less than sixty percent (60%) of such person's prior
year's sales were made as a result of telephone solicitations.
- A person
making a telephone solicitation where the purchaser contacted
has previously purchased goods or services from the person
or the business entity for which the person is calling.
- A person
making a telephone solicitation: without the intent to
make or obtain provisional acceptance of a purchase during
the telephone solicitation; and who only arranges for
the major sales presentation to be made at a later face-to-face
meeting.
- A person
whose business is licensed by any federal or state of
Idaho governmental agency, except the secretary of state
office, which has the power to revoke any license issued
by the agency.
- A person
making a telephone solicitation solely for purposes of
selling a subscription to or advertising in a newspaper
or telephone directory of general circulation.
- A person
making a telephone solicitation solely for purposes of
selling a magazine, periodical, book, or musical or video
recording in pursuant to a negative option plan in accordance
with federal law.
- A person
who has at least one (1) business location in the state
under the same name as that used in connection with telephone
solicitations and ninety percent (90%) of the person's
business involves the purchaser's obtaining services
and products at the person's business location.
- An issuer
or subsidiary of an issuer of securities.
- A person
who solicits by qualified catalog.
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48-603A
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48-1004
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48-1003(1)(b)
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- Caller's name.
- Name of business
or organization being represented.
- Purpose of
the call.
- Inquire
whether the person consents to the solicitation.
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- Calls made by an autodialer (i.e., any telephone dialing or accessing device, machine, computer or
system capable of storing telephone numbers which is programmed to sequentially or randomly access
the stored telephone numbers in order to automatically connect a telephone with a recorded message).
- Calls by registered dealers, investment advisers, or salespersons under state law.
- Calls by registered broker-dealers, representatives, or salespersons of a broker-dealer under federal law.
- Calls by licensed insurance companies.
- Calls by telecommunications carriers.
- Calls by banks, trust companies, savings and loan associations, and credit unions.
- Calls by licensees under the Consumer Installment Loan Act.
- Calls by licensees under the Real Estate License Act.
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815
ILCS 413/15
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- Caller's true
first and last name.
- Name of business
on whose behalf the caller is soliciting.
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- Calls in response
to an express request by consumer.
- Calls in connection
with an existing debt or contract.
- Calls by nonprofit
organizations.
- Calls by an
individual licensed under real estate broker and salesperson
licensing requirements if the sale of goods or services is
not completed and payment is not required until after a face-to-face
meeting.
- Calls by any
phone company in regard to telephone directories.
- Calls by a
licensed insurance agent.
- Calls on behalf
of a newspaper for the sale of a subscription.
- Business-to-business
calls.
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24-4.7-4-2
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N/A |
N/A
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N/A
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- Caller's name.
- Business on
whose behalf the caller is soliciting.
- Identify the
purpose of the call immediately upon making contact.
- Caller must
discontinue the call if the person called gives a negative
response at any time.**
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- Business to
business calls.
- Calls made
in response to an express request of the person called.
- Calls made
primarily in connection with an existing debt or contract.
- Calls to any
person with whom the seller has an existing business relationship
if the caller is not an employee of a provider of telecommunications
services.
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50-670
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Upon
immediate contact:
- Caller's
actual name.
- Merchant's
legal name.
- Telephone
number or address at which the merchant may be contacted.
- Town or
city and state where the caller is physically located.
Within first
30 seconds:
- Goods, services,
interest in real estate, investment or business opportunity
or type of credit being offered.
- Inquire
whether the consumer is interested in listening to a sales
presentation and immediately discontinue the call if a
negative response is given.
Before End
of Call
Inquire as to whether the consumer is 18 years of age or older.
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- Calls in response
to an express request by consumer;
- Calls to debtors
or parties to a contract in connection with the payment of
an existing debt or contract;
- Calls to any
person with whom the seller has a prior or existing business
relationship;
- Calls 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
calls.
- Calls by charitable
organizations soliciting only donations.
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367.46953
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- Immediately
after the called party answers, the name, telephone number
and firm making or paying for the call, including but not limited
to the name of the individual or firm on whose behalf the call
is made.
- At the conclusion
of the call, the name and telephone number of the individual
or firm making or paying for the call, including but not limited
to the name of the individual or firm on whose behalf the call
is made, must again be clearly stated.
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- Calls made
in response to an express request of the person called.
- Calls primarily
in connection with an existing debt or contract, payment or
performance of which has not been completed at the time of
the call.
- Calls to any
person with whom the telephonic solicitor has an existing business
relationship, or a prior business relationship that was terminated
or lapsed within 6 months of such call.
- Calls on behalf
of an organization which has non-profit status under 501(c)(3)
or (6) unless a paid solicitor is used.
- Calls for
the purpose conducting marketing research, public opinion polling,
or similar activities not involving telephonic solicitation
or selling or obtaining information that will or may be used
for telephonic solicitation or selling.
- Calls constituting
political activity.
- Calls which are the result of a referral
of the person called, or placed to an individual who is personally known to the telephonic
solicitor, and the call is placed without completing or attempting to complete a sale until
after a face-to-face meeting. *If the call is a referral, the telephonic solicitor must
provide the name of the person who made the referral.
- Calls for the purpose of follow-up or periodic
wellness care when the call is made to the client or patient by the client or patient’s
optometrist, dentist, chiropractic physician, or veterinarian.
- Business-to-business
calls.
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Gen.
Order
R-27021 § V
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Immediately disclosure the solicitor’s real first and last name and the name of the business on whose behalf
the telephone solicitor is calling.
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- Calls made at the express request of the person called.
- Calls made in connection with an existing debt or
contract which has not been completed at the time of the call.
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10 MRSA 1499-B
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- Seller's name
and trade name of person represented by the solicitor.
- Purpose of
the telephone conversation.
- Kind of merchandise,
real property, intangibles, or service solicited.
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- Professional
services of the following: CPA, architect, clergyman, professional
engineer, lawyer, veterinarian, insurance company authorized
to do business in the State, Christian Science practitioner,
land surveyor, property line surveyor, chiropractor, optometrist,
physical therapist, podiatrist, real estate broker, associate
real estate broker, or real estate salesperson, or medical
or dental practitioner.
- Public service
companies regulated by the Public Service Comm'n.
- Television
or radio broadcasting stations, publishers/printers of newspapers,
magazines, or other forms of printed advertising, unless they
engage in unfair or deceptive trade knowingly practices in
the sale of their own goods or services.
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Md.
Commerc. Code 13-301
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Within
the first minute and before requesting or accepting payment:
- That the
purpose of the call is to make a sale or solicit funds.
- The correct
name of the telemarketing company that employs the individual
caller.
- The correct
name of the ultimate seller whose goods or services are being
offered by means of the telemarketing call.
- A complete
and accurate description of the goods or services being offered
including, but not limited to, the retail market value of
the goods or services.
Before requesting,
accepting, or arranging for payment by a consumer:
- The cost
to the consumer of the goods or services that are the subject
of the call, including any applicable tax, shipping, and
handling fees.
- Any restrictions,
limitations, or conditions attached to purchasing the goods
or services.
- The complete
terms of any applicable refund, return, cancellation, exchange,
or repurchase policies.
- Any material
aspect of an investment opportunity being offered including,
but not limited to, the price of the land or other investment,
the location of the investment and the fact that an investor
may lose some or all of their original investment.
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- Calls to a
consumer with that consumer's prior express written or verbal
invitation or permission.
- Calls by a
nonprofit organization.
- Calls by an
individual or organization for a noncommercial purpose.
- Calls to a
consumer in response to a visit made by such consumer to an
establishment selling, leasing, or exchanging consumer goods
or services at a fixed location.
- Business-to-business
calls.
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Mass.
Gen. Laws Ch. 159C, § 5A
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At
the beginning of the call:
- Caller's
name.
- Full name
of the organization or other person on whose behalf the call
was initiated.
- Telephone
number of the organization or other person, on request.
Before payment
is received:
- Total purchase
price of the goods or services to be received.
- Any restrictions,
limitations, or conditions to purchase or use the goods or
services that are the subject of an offer to sell goods or
services.
- Any material
term or condition of the seller's refund, cancellation or
exchange policy, including the right to cancel and if the
seller does not have such policy.
- Any material
costs or conditions related to receiving a prize, including
the odds of winning, and if the odds aren't calculable in
advance, the factors used in calculating the odds, the nature
and value of the prize, that no purchase is necessary to
win the prize, and the no purchase required method of entering
the contest.
- Any material
aspect of an investment opportunity the seller is offering,
including but not limited to, risk, liquidity, earnings potential,
market value and profitability.
- The quantity
and any material aspect of the quality or basic characteristics
of any goods or services offered.
- The right
to cancel a sale, if any.
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- To a residential
subscriber with that subscriber's express invitation or permission
prior to the call.
- To an existing
customer, unless the existing customer has requested not to
receive calls.
- In which the
sale of goods is not completed until a face-to-face meeting.
- Business-to-business
calls.
- By persons
subject to the Charitable Organizations and Solicitations Act.
- Persons subject
to the Public Safety Solicitation Act.
- By political
organizations subject to § 527 of the Internal Revenue Code.
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§ 445.111b
445.111c(1)(i)(a)
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- Individual
seller's name.
- Name
of business the seller represents.
- Identity
or kinds of goods or services.
- Seller
wishes to demonstrate or sell the identified goods or
services.
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| Buyer's
right to cancel. |
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- Nonprofit
organizations.
- Sale
in which the buyer personally knows the identity of the
seller, name of business organization the seller represents,
and the identity or kinds of goods or services offered
for sale.
- Sale
in which buyer has initiated contact with seller.
- Sale
of a newspaper subscription in which the seller is a
minor child engaged in both the delivery and sale of
the newspaper.
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- Sale
made pursuant to prior negotiations in the course of
a visit by the buyer to a retail business establishment
having a fixed permanent location where the goods are
exhibited or the services are offered for sale on a continuing
basis.
- Sale
in which the buyer has initiated the contact and the
goods or services are needed to meet a bona fide immediate
personal emergency of the buyer and the buyer furnishes
the seller with a separate dated and signed statement
not furnished by the seller describing the situation
requiring immediate remedy and expressly acknowledging
and waiving the right to cancel the sale. This exclusion
shall only apply where (i) the seller in good faith makes
a substantial beginning of performance of the contract
before the buyer gives notice of cancellation, and, (ii)
in the case of goods, the goods cannot be returned to
the seller in substantially as good condition as when
received by the buyer.
- Sale
in which the buyer has initiated the contact and specifically
requested the seller to visit the buyer's home for the
purpose of repairing or performing maintenance upon the
buyer's property. If in the course of such a visit, the
seller sells the buyer the right to receive additional
services or goods other than replacement parts necessarily
used in performing the maintenance or in making the repairs,
the sale of those additional goods or services would
not fall within this exclusion
- Sale
in which the buyer has initiated the contact either by
oral, telephone, or written request (other than on a
form provided by the seller), and requested the seller
to visit the buyer's home for the purpose of negotiating
the purchase of the specific good or service requested,
but only where the buyer furnishes the seller with a
separate dated and signed statement in the buyer's handwriting
expressly acknowledging and waiving the right to cancel
the sale.
- Sale
of insurance, securities, or real property; or a sale
by public auction.
- Sale
of a motor vehicle made at a place other than the buyer's
place of residence.
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- Seller's
true first and last names.
- Business
on whose behalf he or she is soliciting.
-
The company's assigned solicitor registration number with regard to
the Mississippi "do-not-call" list.
- Caller
must discontinue the call immediately if at any time
the person called expresses disinterest in continuing
the call.**
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At
the beginning of the call:
- Name of person making the call.
- Company that he or she represents.
- Purpose of the call.
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Calls
when there is an established business relationship, if
the caller is operating under the same exact business name.
Standard
commercial telemarketing exemptions including calls from
publicly traded companies, magazine publishers, utility
companies, supervised financial institutions, business-to-business
calls etc.*
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- Calls made without the intent to complete the sales presentation unless until a later face-to-face meeting.
- Calls made by persons licensed to conduct real estate business by Mississippi.
- Calls made by Mississippi licensed motor vehicle dealers.
- Calls by licensed insurance agents.
- Calls by licensed investment broker-dealers or agents.
- Calls made on behalf of a charitable organization whose telephone solicitation is for the solely to solicit for the charitable organization and who receives no compensation for his activities on behalf of the organization.
- Calls made on behalf of a newspaper of general circulation, whose telephone solicitation is only for subscriptions or the sale of advertisements.
- Calls made on behalf of any supervised financial institution.
- Calls made on behalf of a funeral establishment licensed in Mississippi.
- Calls made when there is an established business relationship.
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77-3-602
CMSR 26-000-0004
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77-3-723
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Upon
contact:
- Purpose
of the call is to make a sale.
- Caller's
identifiable name and seller on whose behalf the solicitation
is being made.
- Nature of
merchandise or investment opportunity being sold.
- No purchase
or payment is necessary to be able to win a prize.
Prior to
requesting payment:
- Seller's
name and address or telephone number where the seller can
be reached.
- Total cost
and quantity of merchandise.
- Any material
restrictions, limitations, or conditions.
- Any material
aspect of the nature or terms of the refund, cancellation,
exchange or repurchase policies.
- Any material
aspect of an investment opportunity being offered.
- Material
elements of a prize promotion including the odds of winning,
that no purchase is necessary, and all material conditions.
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- Calls in which
sale of merchandise is not completed until after a later face-to-face
meeting.
- Calls in which
the consumer may return the merchandise within 14 days of receipt
and receive a refund.
- Calls initiated
by a consumer that are not the result of an advertisement by
a seller, in response to an advertisement through any media
other than direct mail or telemarketing, in response to direct
mail solicitations disclosing material information, or in response
to a catalog.
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