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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.

Delivery of Recording Laws (EBR)
Are Established Business Relationship Calls Exempt from Federal and State Bans1?

Jurisdiction

Statutory Citation

Are Calls to Existing Customers regarding Previously Purchased Goods or Services Exempt from Ban?2

Are Calls to Existing Customers for the Sale of Additional Goods or Services (i.e. upsells) Exempt from Ban?3

Are Informational Calls to Existing Customers Exempt from Ban4?

Are Calls Made with Express Consent Exempt from Ban?5

Federal-TCPA

(47 USC 227; 47 CFR 64.1200)

Yes.

Yes.

Yes.

Yes.

Federal-TSR
(effective until Sept. 1, 2009)

(16 CFR 310.4(b)(5))

No.10

No.10

Yes.

Yes.

Federal-TSR
(effective Sept. 1, 2009)

(16 CFR 310.4(b)(1)(v))

No.

No.

Yes.

Yes.11

Alabama

No State Statute

Yes.

Yes.

Yes.

Yes

Alaska

45.50.475

Yes.

Yes.

Yes.

Yes

Arizona

(13-2919; 44-1278)

No.

No.

Yes.

No.

Arkansas

5-63-204

Yes.

No.

Yes.

Yes.

California

Civ. Code 1770(a)(22); Pub. Util. 2872(f)

Yes.

Yes.

Yes.

Yes

Colorado

18-9-311

No.

No.

Yes.

Yes.

Connecticut

52-570c

Yes.

Yes.

Yes.

Yes.

Delaware

No State Statute

Yes.

Yes.

Yes.

Yes.

D.C.

34-1701

Yes.

No.

Yes.

Yes, if calls regard goods or services previously purchased.

Florida

501.059

No.

No.

Yes.

No.

Georgia

46-5-23

Yes.

No.

Yes.

Yes.

Hawaii

No State Statute

Yes.

Yes.

Yes.

Yes.

Idaho

IDAPA 31.51.02

Calls allowed but state restrictions apply.

Calls allowed but state restrictions apply.

Calls allowed but state restrictions apply.

Yes.

Illinois

815 ILCS 305/20

Yes.

Yes.

Yes.

Yes.

Indiana

24-5-14-5

Yes.

Yes.

Yes.

Yes.

Iowa

476.57

Calls allowed but state restrictions apply.

Calls allowed but state restrictions apply.

Calls allowed but state restrictions apply.

Yes.

Kansas

No State Statute

Yes.

Yes.

Yes.

Yes.

Kentucky

367.461

Yes.

No.

Yes.

Yes.

Louisiana

LA Pub. Serv. Comm. Gen Order R-27021 II.H.3., La. R.S. 45:816

Yes.

Yes.

Yes.

Yes.

Maine

10 MRS 1498

Yes.

Calls allowed but state restrictions apply.

Yes.

Yes.

Maryland

8-204

Yes.

Yes.

Yes.

Yes.

Massachusetts

(Mass. Ann. Law Chapt. 159C, § 3; 159, § 19B)

Yes.

Yes.

Yes.

Yes.

Michigan

445.111; 484.125

Yes.

No.

Yes.

Yes.

Minnesota

325E.26, 4

Yes.

Yes.

Yes.

Yes.

Mississippi

77-3-453; 77-3-723

Yes.

Yes.

Yes.

Yes.

Missouri

407.1085

Yes.

Yes.

Yes.

Yes.

Montana

45-8-216

Yes.

Yes.

Yes.

Yes

Nebraska

86-242

Yes.

Yes.

Yes.

Yes.

Nevada

597.814

Yes.

Yes.

Yes.

Yes.

New Hampshire

RSA 359-E:1

Yes.

Yes.

Yes.

Yes

New Jersey

48:17-28

Yes.

Yes.

Yes.

Yes.

New Mexico

57-12-22

Yes.

No.

Yes..

Yes.

New York

NY Gen. Bus. Law § 399-p

Calls allowed but state restrictions apply.

Calls allowed but state restrictions apply.

Calls allowed but state restrictions apply.

Yes.

North Carolina

75-104

No.

No.

Yes.

Yes.

North Dakota

51-28-02; 51-18-01

Yes.7

Yes.7

Yes.

Yes.

Ohio

No State Statute

Yes.

Yes.

Yes.

Yes.

Oklahoma

15 Okl. Sta. 755.1(C)(3)(b); 21 Okl. Stat. 1847a(3)(b)

Yes.

No.

Yes.

Yes.7

Oregon

Oregon
(646A.372)

Calls allowed but state restrictions apply.

Calls allowed but state restrictions apply.

Calls allowed but state restrictions apply.

Calls allowed but state restrictions apply.

Pennsylvania

52 Pa Code 63.60

Calls allowed but state restrictions apply.

Calls allowed but state restrictions apply.

Yes

Yes

Rhode Island

5-61-3.4

Restrictions only apply if "prize" representation is made.8

Restrictions only apply if "prize" representation is made.

Yes.

Yes.

South Carolina

16-17-446

Yes.

Yes.

Yes.

Yes.

South Dakota

SD Stat. § 37-30-24

Yes.

Yes.

Yes.

Yes.

Tennessee

47-18-1507

Yes.

No.

Yes.

Yes.

Texas

Tex. Util. Code § 55.121

Calls allowed but state restrictions apply and permit required.

Calls allowed but state restrictions apply and permit required.

Calls allowed but state restrictions apply and permit required.

Calls allowed but state restrictions apply and permit required.

Utah

13-25a-102

Yes.

Yes.

Yes.

Yes.

Vermont

No State Statute

Yes.

Yes.

Yes.

Yes.

Virginia

18.2-425.1

Yes.

Yes.

Yes.

Yes.

Washington

80.36.400

Yes.

No.

Yes.

Yes.

West Virginia

No State Statute

Yes.

Yes.

Yes.

Yes.

Wisconsin

(100.52; ATCP 127.83(2)(b))

No.

No.

Yes.

Yes.

Wyoming

6-6-104; 40-12-303

Yes.

No.

Yes.

Yes.



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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