Telemarketing Sales Calls

Section 359-E:7

    359-E:7 Definitions. –
In this subdivision:
I. "Bureau" means the consumer protection and antitrust bureau of the office of the attorney general.
II. "Customer" means any natural person who is a resident of this state and who is or may be required to pay for or to exchange consideration for goods and services offered through telemarketing.
III. "Do-not-call list" means a list of residential telephone subscribers who have notified the list administrator of their desire not to receive telemarketing sales calls.
IV. "Doing business in this state" means conducting telephonic sales calls from a location:
(a) In this state; or
(b) Outside of this state to consumers residing in this state.
V. "Established business relationship" means an established business relationship as defined by the Federal Trade Commission Telemarketing Sales Rule, 16 C.F.R. part 310, section 310.2(n), as amended.
VI. "Goods and services" means any goods and services, and shall include any real property or any tangible personal property as well as time share estates and licenses or services of any kind.
VII. "List administrator" means the Federal Trade Commission.
VIII. "Person" means any natural person, association, partnership, firm, corporation and its affiliates or subsidiaries, or other business entity.
IX. "Telemarketer" means any person who, for financial profit or commercial purposes in connection with telemarketing, makes telemarketing sales calls to a customer when the customer is in this state or any person who directly controls or supervises the conduct of a telemarketer or causes to be made a telemarketing call on such seller's own behalf or through a salesperson. For the purposes of this subdivision, "commercial purposes" shall mean the sale or offer for sale of goods or services.
X. "Telemarketing" means any plan, program, or campaign which is conducted to induce payment or the exchange of any other consideration for any goods or services by use of one or more telephones and which involves more than 5 telephone calls per month by a telemarketer in which the customer is located within the state at the time of the call. Telemarketing shall not include the solicitation of sales through media other than by telephone calls.
XI. "Telemarketing sales call" means a telephone call made by a telemarketer to a customer for the purpose of inducing payment or the exchange of any other consideration for any goods or services or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes. A telemarketing sales call shall not include a call made:
(a) In response to an express written or verbal request of the customer called.
(b) In connection with an established business relationship.
(c) On behalf of a nonprofit charity.
(d) [Repealed.]
(e) On behalf of a political campaign, except that a call made on behalf of a political campaign by a vendor using automatic dialing equipment shall be deemed a telemarketing sales call under this chapter.

Source. 2003, 303:3, eff. Sept. 16, 2003; 303:6, eff. Aug. 1, 2006.