Legal Links – Info For Telemarketers | Accredited Investors.US

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-

calls 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

https://www.dnc.com/complianceInfo/map/?column=dncList

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