Legal Links – Info For Telemarketers

RULES
Our system can call US and Canada. Generally speaking as of November 2014, there are US and Canadian Federal laws which require specific ways in which Robo-Justicecalls can be made, as well as prohibitions against calling any cell phones or residential phones without written opt-in agreements. As well as 33 states require telemarketers to be licensed, and 13 states which have their own “Do Not Call” lists.

There are still 17 states without any licensing requirements (see below)  and 14 of those also do not have any additional “Do Not Call” lists (see below) . US Federal Law only would apply in these areas. Neither US nor Canadian Federal Law prohibits business to business Robo Calls as long as they are not to cell phones. The safest lists you can call of course are opt-in lists. For state laws check here (US State Laws).

The following is from http://robocalllaw.com/
Robocall Law.  Robocall laws and regulations exist at both the national and state levels.  On October 16, 2013, new FCC robocall law rules will go into effect, but robocall law is not new.  This website is designed to help call centers understand and comply with robocall law.  Violations of robocall law may result in significant telemarketing fines.What is robo-call law?

Robocall law refers to legal restrictions on the use of prerecorded telemarketing messages.  Some autodialing software has the capacity to deliver recorded solicitations.  Many people confuse robodialing with “autodialing.”  They do not necessarily mean the same thing.  Autodialers use a computer to place telephone calls without human intervention, but they might not necessarily deliver prerecorded messages.  Robocalling generally refers to the practice of delivering prerecorded messages to people’s telephones.What are the specific robocall laws?

Some states have their own local robocall laws, which vary greatly.  However, federal robocall law applies in every state.  The FTC and FCC interpret and enforce federal robocall law.  Federal robocall law is contained in both the FTC’s Telemarketing Sales Rules (TSR) and in the FCC’s Telephone Consumer Protection Act (TCPA).  These robocall laws contain restriction on the exact manner in which the robodialing software or hardware may be used.  For example:

Unless exempt, a telemarketer may not use a robodialer to send a prerecorded message to a cell phone (consumer or business) or to a consumer’s land line without prior express written consent.  “Written consent” may be obtained by email, audio recording, web opt-in, etc., so long as certain procedures are followed per the federal E-Sign Act.

A robodialer may not abandon more than 3% of its calls as measured on a 30-day per campaign basis.

The prerecorded message must contain an automated opt-out mechanism which allows the recipient to make an entity-specific do-not-call request.  The mechanism must be interactive voice (IVR) or keypress.

The prerecorded message must truthfully disclose who is responsible for the call and the telemarketing-related purpose of the call.

The prerecorded message must disclose a call-back telephone number which would allow the recipient to call back within normal business hours and make an opt-out request.

Allen Legal Services PLLC – THE telemarketing law firm.
(801) 930-1117

 

Here is a good site for various maps of state requirements 

 

These 33 States require Telemarketers to Register 
STATE  Business Entity Registration
 Individual Salesperson Registration
Alabama Required  Required
Alaska Required
Arizona Required
Arkansas Required Required
California Required
Colorado Required
Delaware Required
District of Coumbia Required
Florida Required Required
Idaho Required
Indiana Required
Kentucky Required
Louisiana Required
Maine Required Required
Mississippi Required
Montana Required
Nevada Required Required
New Jersey Required
New York Required
North Carolina Required
Ohio Required
Oklahoma Required
Oregon Required
Pennsylvania Required
Rhode Island Required
South Dakota Required
Texas Required
Utah Required
Vermont Required
Washington Required
West Virginia Required
Wisconsin  Required

Wyoming

Required


STATES WITH “DO NOT CALL LISTS”

Colorado
Florida
Indiana
Louisiana
Massachusetts * NO REGISTRATION LAWS
Missouri * NO REGISTRATION LAWS
Oklahoma
Pennsylvania
Tennessee * NO REGISTRATION LAWS
Texas
Wisconsin
Wyoming


STATES WITH NO REGISTRATION OR “DO NOT CALL LISTS”

Connecticut
Georgia
Hawaii
Illinois
Iowa
Kansas
Maryland
Minnesota
Nebraska
New Hampshire
New Mexico
North Dakota
South Carolina
Virginia

 

MORE LINKS

https://www.donotcall.gov/

 

NOTE: Contact an Experienced Law firm   such as Allen Legal Services PLLC – THE telemarketing law firm (801) 930-1117 – to speak with an experienced telemarketing attorney.  Do not use this site to ensure you are compliant with telemarketing rules; this site is not a substitute for legal advice.
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