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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.

Disclosure Requirements (Telemarketing)
 

Disclosure Requirements

Exemptions

Statutory
Citation
Federal

Telephone Consumer Protection Act (TCPA)

  1. Name of the individual caller
  2. Name of the person or entity on whose behalf the call is being made.
  3. Telephone number or address at which the person or entity may be contacted.
 Calls by tax-exempt nonprofit organizations.

47 C.F.R. § 64.1200(d)(4)
Federal

Caller Identification Disclosures:
Any person or entity that engages in telemarketing must transmit caller identification information, including

  1. Either ANI or Calling Party Number (CPN), and
  2. If available by the telemarketer's carrier, the telemarketer's name.

Calls by tax-exempt nonprofit organizations

47 C.F.R. § 64.1601(e)
Federal

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."

Artificial/Prerecorded Messages:

  1. 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.
  2. 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.

N/A

47 C.F.R. § 64.1200(a)(6)







47 C.F.R. § 64.1200(b)

Federal

Telephone Sales Rule (TSR)
Promptly, clearly and conspicuously:

  1. The identity of the seller.
  2. That the purpose of the call is to sell goods or services.
  3. The nature of the goods or services.
  4. 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:
  1. The total costs to purchase, receive, or use, and the quantity of, any goods or services that are the subject of the sales offer.
  2. All material restrictions, limitations, or conditions to purchase, receive, or use the goods or services that are the subject of the sales offer.
  3. 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;
  4. 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 no 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.
  5. All material costs or conditions to receive or redeem a prize that is the subject of the prize promotion.
  6. 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.
  7. 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).

  1. 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.
  2. 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.
  3. Calls in which the sale of goods or services is not completed until after a face-to-face sales presentation by the seller.
  4. Calls initiated by a customer that are not the result of any solicitation by a seller or telemarketer;
  5. 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.
  6. 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.
  7. Business-to-business calls, except calls involving the retail sale of nondurable office or cleaning supplies.

16 C.F.R. § 310.2 et seq.
Federal

Abandonment Message Requirements (effective December 1, 2008):

  1. 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 disclosing one or both of the following:
    1. in the case of a call answered by a consumer, that the person called can use an automated interactive voice and/or keypress-activated opt-out mechanism to assert a Do-Not-Call request at any time during the message. The mechanism must:
      1. automatically add the number called to the seller’s internal "do-not-call" list;
      2. once invoked, immediately disconnect the call; and
      3. be available for use at any time during the message.
    2. in the case of a call answered by an answering machine or voicemail service, that the person called can use a toll-free telephone number to assert a “do-not-call” request. The number called must connect directly to an automated interactive voice or keypress-activated opt-out mechanism that:
      1. automatically adds the number called to the seller’s internal "do-not-call" list;
      2. immediately disconnects the call; and
      3. is accessible at any time throughout the duration of the telemarketing campaign.

  1. Standard Telemarketing Sales Rule exemptions (see 1-7 immediately above) apply.
  2. Calls delivering a prerecorded healthcare message by, or on behalf of, a covered entity or its business associate as defined under HIPAA.

16 C.F.R. §
310.4(b)(1)(v)(B)(ii)

Federal

Preacquired Account Information Requirements — the seller or telemarketer must meet the following requirements in any telemarketing transaction involving preacquired account information:

  1. If a free-to-pay conversion feature is involved:
    1. Obtain from the customer at least the last 4 digits of the account number to be charged.
    2. Obtain from the customer his or her express agreement to be charged for the goods or services and to be charged using the account number in (a).
    3. Make and maintain an audio recording of the entire transaction.
  2. In any other transaction involving preacquired account information:
    1. At a minimum identify the account to be charged with sufficient specificity for the customer to understand what account will be charged.
    2. Obtain from the customer his or her express agreement to be charged for the goods or services and to be charged using the account number identified in (a).

Standard TSR exemptions (1-7 above) apply.

16 C.F.R. § 310.4(a)(6)
Federal

Upsell Requirements (apply when soliciting the purchase of goods or services following an initial transaction during a single call):

  1. The identity of the seller;
  2. That the purpose of the call is to sell goods or services;
  3. The nature of the goods or services;
  4. 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.

*In any internal upsell for the sale of goods or services, the seller or telemarketer must provide these disclosures only to the extent that the information in the upsell differs from the disclosures in the initial telemarketing transaction. **An internal upsell is made by or on behalf of the same seller as the initial transaction, regardless of whether a different telemarketer makes the upsell.

An external upsell is made by or on behalf of a seller different from the seller in the initial transaction regardless of whether a different telemarketer makes the upsell.

Standard TSR exemptions (1-7 above) apply.
 31 C.F.R. § 310.4(d)
Federal 1

USA PATRIOT Act:
A bank must obtain the following information prior to opening or adding a signatory to an account:

  1. Name.
  2. For individuals, date of birth.
  3. For individuals, residence, and if different, mailing address; or for corporations, partnerships, and trusts: principal place of business, and if different, mailing address.
  4. 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 ID number, passport number and country of issuance, alien ID 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.
  31 C.F.R §
103.121(b)(2)(i)
Alabama

Within first 30 seconds:

  1. Caller's true name.
  2. Company on whose behalf the solicitation is being made.
  3. Consumer goods or services being sold.

If sale completed:

  1. 1.Purchaser's cancellation rights.
  2. License number issued by the state for both the commercial telephone seller and the salesperson.
  3. Street address of the seller.

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.*
8-19A-12
Alaska

Within first 15 seconds:

  1. Registered seller's name and telephone number.
  2. Whom the registered seller represents.
  3. 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.

Standard commercial telemarketing exemptions apply including calls from publicly traded companies, magazine publishers, utility company, supervised financial institutions, business-to-business calls etc.*

45.63.045
Arizona

Before beginning the solicitation:

  1. Complete street address of physical location from which the seller is making the call and complete street address of seller's principal location.
  2. Legal name of the seller on whose behalf the caller is making the solicitation.
  3. Caller's true legal name.
  4. Purpose of the call is to sell merchandise.

During the solicitation:

  1. Any charge associated with a prize offered.
  2. Any material restriction, requirement, condition, limitation, or exception associated with a prize.
  3. Any charge connected with the sale of merchandise.
  4. Time period within which any prize will be delivered.
  5. Consumer's right to cancel the transaction.

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.*
44-1276
Arkansas
  1. Caller's identity.
  2. Identity on whose behalf the call is being made.
  3. Purpose of the call, including a brief description of the goods or services to be offered.
  4. 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.**
*These disclosure requirements only apply to prize promotion representations.

Prize Promotions:

  1. The manner in which the seller decides which item or items a particular prospective purchaser is to receive.
  2. The odds a single prospective purchaser has of receiving each described item.
  3. All rules, regulations, terms, and conditions a prospective purchaser must meet in order to receive the item.
  4. 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.
  5. 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.

Calls made when there is an established business relationship, as long as the same business name is used.

Business-to-business calls.
  1. 1. A registered seller of a security.
  2. A licensed seller of insurance.
  3. A person primarily soliciting the sale of a newspaper of general circulation, a magazine, or membership in a book or record club.
  4. A person soliciting business from prospective purchasers who have previously purchased from the business enterprise for which the person is calling.
  5. 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.
  6. Any supervised financial institution or parent, subsidiary, or affiliate.
  7. Any burial association operating pursuant to state law.
  8. A person or an affiliate of a person whose business is regulated by the Arkansas Public Service Commission.
  9. 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.
  10. 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.
  11. 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.
4-99-201
4-99-108
California

Upon initial contact:

  1. Identity of the person making the solicitation.
  2. Trade name of the person represented by the person making the solicitation.
  3. Kind of goods or services being offered for sale.
*These disclosure requirements only apply to prize promotion representations.

Prize Promotions:

  1. 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.
  2. Complete street address of location from which seller is calling.
  3. Total number of people who have received prizes from the seller.

Home solicitation contracts or offers:

  1. Buyer's right to cancel up until midnight of third business day after day he receives the product.
  2. A written notice of cancellation will be sent with the products orders or with a confirmation of services ordered.
  1. Non-profit charitable organizations.
  2. Any person selling any intangibles.1
  3. Business-to-business calls.
  4. 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.

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.*
Bus. & Com. 17500.3 (a)(1)-(3)

Bus. & Com. 17511.5
Colorado
 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.*
6-1-304
Connecticut
N/A
N/A
N/A
Delaware

Beginning of call and prior to sales pitch:

  1. Purpose of call is to sell specific merchandise.
  2. Caller's name.
  3. Name of seller on whose behalf the solicitation is being made.
  4. Accurate information concerning the nature and description of the merchandise being offered.

Before completion of the call and payment:

  1. Total amount of money to be paid.
  2. Restrictions, limitations, or conditions applicable to the purchase.
  3. Material aspects of performance, quality, efficacy, nature, or basic characteristics of the call.
  4. Material aspects of the terms or nature of the refund, cancellation, exchange or repurchase policies.
  5. Material aspects of investment being offered.
  6. 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.
  1. Calls in which the sale of merchandise is not completed until a later face-to-face meeting.
  2. Calls initiated by a customer that aren't the result of any solicitation by the seller.
  3. Calls in connection with any sale of goods or services by a business supplier to a business or between businesses.
  4. Calls by or on behalf of charitable organizations.
  5. Calls for other noncommercial purposes.
  6. Calls by or on behalf of a licensed insurance broker, agent, representative, or solicitor.
  7. Calls by or on behalf of persons registered with the state Securities Commissioner.
  8. Calls by or on behalf of supervised financial institutions.
  9. Calls soliciting sales through a catalog.
  10. Calls for the sale of goods or services regulated by the Public Service Commission or the Federal Communications Commission.
6 De. Code 2506A
D.C.

Within first 30 seconds:

  1. Caller's true first and last name.
  2. Company on whose behalf the solicitation is being made.
  3. Goods or services to be sold.
  1. One-time or infrequent calls unrelated to a pattern of repeated transactions.
  2. Calls to provide information to a consumer and in which payment is not accepted.
  3. Calls to administer an existing account or service an existing customer.
  4. Calls to respond to a consumer's request.
  5. Calls in which the seller does not accept payment for the sale of goods or services in that call.
22-3226.15
Florida

Within first 30 seconds:

  1. Caller's true name.
  2. Company on whose behalf the solicitation is being made.
  3. Consumer goods or services being sold.

If sale completed:

  1. Cancellation rights of consumer.
  2. License number issued for the commercial telephone seller and the salesperson.
  3. Street address of the seller.

Immediately upon making contact with the person called:

  1. Telephone solicitor's true first and last names.
  2. Business on whose behalf he or she is soliciting.
  1. Calls made in response to an express request of the person called.
  2. 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.
  3. Calls made to any person with whom the telephone solicitor has a prior or existing business relationship.
  4. Calls made by a newspaper publisher or his or her agent or employee in connection with his or her business.
  5. Non-profit organizations.
  6. Business-to-business calls.

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.*
501.613

501.059(2)
Georgia
 N/A N/A
N/A
Hawaii
  1. True purpose of the call.
  2. Caller's name.
  3. Company or entity on whose behalf the solicitation is being made.
  4. Goods or services being offered.
  5. Total purchase costs of the goods or services to be received.
  6. Restrictions, limitations, or conditions to purchase or use the goods or services.
  7. Material term or condition of seller's refund, cancellation, or exchange policy.
  8. 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.
  9. Any material aspect of an investment opportunity.
  10. Quantity and any material aspect of the quality or basic characteristics of the goods or services.
  1. Calls made for religious or political purposes.
  2. Calls by registered securities broker-dealers, salespersons, or investment advisors.
  3. Calls by supervised financial institutions.
  4. Calls by licensed or authorized insurance companies.
  5. Calls by accredited colleges or universities.
  6. Calls by sellers who publish catalogs.
  7. Calls by political subdivisions.
  8. Calls for the sale of goods or services by telecommunications or landline or wireless video service providers.
  9. Calls by licensed real estate brokers.
  10. Calls by registered travel agencies.
481P-2
Idaho
  1. Identity of caller.
  2. Trade-name of person represented by the person calling.
  3. Kind of goods or services offered for sale.
  1. At the time the purchase is completed, the purchaser's right to cancel.
  2. Telephone solicitor's registration number issued by the state attorney general.
  3. Full street address, including the telephone number, of the telephone solicitor if a sale or purchase is completed.
Caller must hang up pursuant to a purchaser's request.**

None.
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. An issuer or subsidiary of an issuer of securities.
  9. A person who solicits by qualified catalog.
None.

48-603A

48-1004
48-1003(1)(b)
Illinois
  1. Caller's name.
  2. Name of business or organization being represented.
  3. Purpose of the call.
  4. Inquire whether the person consents to the solicitation.
  1. 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).
  2. Calls by registered dealers, investment advisers, or salespersons under state law.
  3. Calls by registered broker-dealers, representatives, or salespersons of a broker-dealer under federal law.
  4. Calls by licensed insurance companies.
  5. Calls by telecommunications carriers.
  6. Calls by banks, trust companies, savings and loan associations, and credit unions.
  7. Calls by licensees under the Consumer Installment Loan Act.
  8. Calls by licensees under the Real Estate License Act.
815 ILCS 413/15
Indiana
  1. Caller's true first and last name.
  2. Name of business on whose behalf the caller is soliciting.
  1. Calls in response to an express request by consumer.
  2. Calls in connection with an existing debt or contract.
  3. Calls by nonprofit organizations.
  4. 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.
  5. Calls by any phone company in regard to telephone directories.
  6. Calls by a licensed insurance agent.
  7. Calls on behalf of a newspaper for the sale of a subscription.
  8. Business-to-business calls.
24-4.7-4-2
Iowa
 N/A
N/A
N/A
Kansas
  1. Caller's name.
  2. Business on whose behalf the caller is soliciting.
  3. Identify the purpose of the call immediately upon making contact.
  4. Caller must discontinue the call if the person called gives a negative response at any time.**
  1. Business to business calls.
  2. Calls made in response to an express request of the person called.
  3. Calls made primarily in connection with an existing debt or contract.
  4. 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.
50-670
Kentucky

Upon immediate contact:

  1. Caller's actual name.
  2. Merchant's legal name.
  3. Telephone number or address at which the merchant may be contacted.
  4. Town or city and state where the caller is physically located.

Within first 30 seconds:

  1. Goods, services, interest in real estate, investment or business opportunity or type of credit being offered.
  2. 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.
  1. Calls in response to an express request by consumer;
  2. Calls to debtors or parties to a contract in connection with the payment of an existing debt or contract;
  3. Calls to any person with whom the seller has a prior or existing business relationship;
  4. 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.
  5. Business-to-business calls.
  6. Calls by charitable organizations soliciting only donations.
367.46953
Louisiana
  1. 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.
  2. 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.
  1. Calls made in response to an express request of the person called.
  2. 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.
  3. 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.
  4. Calls on behalf of an organization which has non-profit status under 501(c)(3) or (6) unless a paid solicitor is used.
  5. 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.
  6. Calls constituting political activity.
  7. 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.
  8. 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.
  9. Business-to-business calls.
Gen. Order
R-27021 § V
Maine
Immediately disclosure the solicitor’s real first and last name and the name of the business on whose behalf the telephone solicitor is calling.
  1. Calls made at the express request of the person called.
  2. Calls made in connection with an existing debt or contract which has not been completed at the time of the call.
10 MRSA 1499-B
Maryland
  1. Seller's name and trade name of person represented by the solicitor.
  2. Purpose of the telephone conversation.
  3. Kind of merchandise, real property, intangibles, or service solicited.
  1. 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.
  2. Public service companies regulated by the Public Service Comm'n.
  3. 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.
Md. Commerc. Code 13-301
Massachusetts

Within the first minute and before requesting or accepting payment:

  1. That the purpose of the call is to make a sale or solicit funds.
  2. The correct name of the telemarketing company that employs the individual caller.
  3. The correct name of the ultimate seller whose goods or services are being offered by means of the telemarketing call.
  4. 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:

  1. 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.
  2. Any restrictions, limitations, or conditions attached to purchasing the goods or services.
  3. The complete terms of any applicable refund, return, cancellation, exchange, or repurchase policies.
  4. 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.
  1. Calls to a consumer with that consumer's prior express written or verbal invitation or permission.
  2. Calls by a nonprofit organization.
  3. Calls by an individual or organization for a noncommercial purpose.
  4. 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.
  5. Business-to-business calls.
Mass. Gen. Laws Ch. 159C, § 5A
Michigan

At the beginning of the call:

  1. Caller's name.
  2. Full name of the organization or other person on whose behalf the call was initiated.
  3. Telephone number of the organization or other person, on request.

Before payment is received:

  1. Total purchase price of the goods or services to be received.
  2. 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.
  3. 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.
  4. 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.
  5. Any material aspect of an investment opportunity the seller is offering, including but not limited to, risk, liquidity, earnings potential, market value and profitability.
  6. The quantity and any material aspect of the quality or basic characteristics of any goods or services offered.
  7. The right to cancel a sale, if any.
  1. To a residential subscriber with that subscriber's express invitation or permission prior to the call.
  2. To an existing customer, unless the existing customer has requested not to receive calls.
  3. In which the sale of goods is not completed until a face-to-face meeting.
  4. Business-to-business calls.
  5. By persons subject to the Charitable Organizations and Solicitations Act.
  6. Persons subject to the Public Safety Solicitation Act.
  7. By political organizations subject to § 527 of the Internal Revenue Code.

§ 445.111b

445.111c(1)(i)(a)
Minnesota
  1. Individual seller's name.
  2. Name of business the seller represents.
  3. Identity or kinds of goods or services.
  4. Seller wishes to demonstrate or sell the identified goods or services.
Buyer's right to cancel.
  1. Nonprofit organizations.
  2. 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.
  3. Sale in which buyer has initiated contact with seller.
  4. Sale of a newspaper subscription in which the seller is a minor child engaged in both the delivery and sale of the newspaper.
  1. 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.
  2. 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.
  3. 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
  4. 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.
  5. Sale of insurance, securities, or real property; or a sale by public auction.
  6. Sale of a motor vehicle made at a place other than the buyer's place of residence.

325G.12

325G.08
Mississippi
  1. Seller's true first and last names.
  2. Business on whose behalf he or she is soliciting.
  3. The company's assigned solicitor registration number with regard to the Mississippi "do-not-call" list.
  4. Caller must discontinue the call immediately if at any time the person called expresses disinterest in continuing the call.**

At the beginning of the call:

  1. Name of person making the call.
  2. Company that he or she represents.
  3. Purpose of the call.

 

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.*
  1. Calls made without the intent to complete the sales presentation unless until a later face-to-face meeting.
  2. Calls made by persons licensed to conduct real estate business by Mississippi.
  3. Calls made by Mississippi licensed motor vehicle dealers.
  4. Calls by licensed insurance agents.
  5. Calls by licensed investment broker-dealers or agents.
  6. 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.
  7. Calls made on behalf of a newspaper of general circulation, whose telephone solicitation is only for subscriptions or the sale of advertisements.
  8. Calls made on behalf of any supervised financial institution.
  9. Calls made on behalf of a funeral establishment licensed in Mississippi.
  10. Calls made when there is an established business relationship.
77-3-602



CMSR 26-000-0004

77-3-723

Missouri

Upon contact:

  1. Purpose of the call is to make a sale.
  2. Caller's identifiable name and seller on whose behalf the solicitation is being made.
  3. Nature of merchandise or investment opportunity being sold.
  4. No purchase or payment is necessary to be able to win a prize.

Prior to requesting payment:

  1. Seller's name and address or telephone number where the seller can be reached.
  2. Total cost and quantity of merchandise.
  3. Any material restrictions, limitations, or conditions.
  4. Any material aspect of the nature or terms of the refund, cancellation, exchange or repurchase policies.
  5. Any material aspect of an investment opportunity being offered.
  6. Material elements of a prize promotion including the odds of winning, that no purchase is necessary, and all material conditions.
  1. Calls in which sale of merchandise is not completed until after a later face-to-face meeting.
  2. Calls in which the consumer may return the merchandise within 14 days of receipt and receive a refund.
  3. 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.
  4. Calls with consumer's prior express invitation.
  5. Calls to any consumer with whom seller has an established business relationship.
  6. Calls by or on behalf of any entity over which a state or federal agency has regulatory authority.
  7. Business-to-business calls except involving the sale of nondurable office and cleaning supplies.
407.1073
Montana

Upon contact:

  1. Identity of seller.
  2. Purpose of the call is to sell goods or services.
  3. Nature of the goods or services.
  4. Purchase or payment is not necessary to be able to win a prize.

Prior to requesting payment:

  1. Total cost of goods or services.
  2. All material restrictions, limitations, and conditions.

Prize promotion:

  1. Odds of winning a prize.
  2. No purchase, no payment method of participating.
 None.
30-14-1410
Nebraska
  1. Seller's individual name.
  2. Name of business.
  3. Identity or kind of goods seller offers to sell.
  1. Sales for less than $25.
  2. Sales made pursuant to a prior negotiation a fixed retail business establishment.