Footnotes:
1
Even if these types of calls are exempt from ban, restrictions such as abandonment, caller identification, curfew, permit, disconnect, disclosure, and other requirements can apply.
2
Calls to existing customers regarding previously purchased goods or services
do not include calls for the sale of additional goods or services (e.g.
upsells or cross-sells).
3
See statutes for specific definitions of established business relationship.
4 Informational calls include calls that provide information
to a consumer regarding an existing debt or contract.
5 If an exemption for established business relationship calls
exists, it is not necessary to review express consent exemption as express
consent
is included in the definition of established business relationship. This
exemption is only relevant if established business relationship calls are
not allowed.
6 A seller or telemarketer must, for each such telemarketing
call placed, allow the telephone to ring for at least fifteen (15) seconds
or four (4)
rings before disconnecting an unanswered call; and within two (2) seconds
after the person's completed greeting, promptly play a prerecorded message
that:
(a) presents an opportunity to assert an entity-specific Do Not Call request
at the outset of the message, with only the prompt disclosures required
by § 310.4(d) or (e) (please see disclosure requirements chart for
specific disclosures) preceding such opportunity; and
(b) complies with all other federal requirements under the TSR.
7 Interpretation of North Dakota Attorney General to allow calls to current customers only (no past purchases).
8 In Oklahoma, written consent is required.
9 Please see “prize” chart for specific representations included in this restriction.
10 Until December 1, 2008, a seller or telemarketer must, for each such telemarketing call placed, allow the
telephone to ring for at least fifteen (15) seconds or four (4) rings before disconnecting an unanswered call; and within
two (2) seconds after the person's completed greeting, promptly play a prerecorded message that:(a) presents an opportunity
to assert an entity-specific Do Not Call request at the outset of the message, with only the prompt disclosures required by
§ 310.4(d) or (e) (please see disclosure requirements chart for specific disclosures) preceding such opportunity; and (b)
complies with all other federal requirements under the TSR.
Effective December 1, 2008, a seller or telemarketer must, for each such telemarketing call placed, allow the telephone
to ring for at least fifteen (15) seconds or four (4) rings before disconnecting an unanswered call; and within two (2) seconds
after the person's completed greeting, promptly play a prerecorded message that:( 1) (for calls answered by live persons)
allows the person called to use an automated interactive voice and/or keypress-activated opt-out mechanism to assert a DNC
request at any time during the message; the mechanism must automatically add the number called to the seller’s entity-specific
DNC list , immediately disconnect the call once invoked, and be available for use at any time during the message; (2) (for
calls answered by an answering machine) provides a toll-free telephone number so that the person called can assert a DNC request;
the number must connect directly to an automated interactive voice or keypress-activated opt out mechanism that automatically
adds the number called to the seller’s entity-specific DNC list, immediately disconnects the call, and is accessible at any
time throughout the duration of the telemarketing campaign. See 16 CFR 310.4(b)(1)(V)(B)
11 Effective Sept. 1, 2009, prerecorded messages for the sale of goods or services are only
allowed with the express written consent of the person called. Written consent must: a) include a clear and conspicuous disclosure
that the purpose of the agreement is to authorize the seller to place prerecorded calls to such person; b) be obtained without
requiring, directly or indirectly, that the agreement is a condition of purchasing any good or service; c) evidence the willingness
of the recipient of the call to receive prerecorded messages by or on behalf of the specific seller; and d) include such person's
telephone number and signature (an electronic or digital signature which is recognized as a valid signature under federal law or
state contract law will meet this requirement).
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