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A review of state telemarketing related laws as of January 1, 1994.
Note: State regulations commonly change.
Review the current status of such regulations for the state in question.

 

ALASKA    ARIZONA    ARKANSAS     CALIFORNIA     COLORADO     DISTRICT OF COLUMBIA     FLORIDA     GEORGIA     HAWAII     IDAHO     ILLINOIS     INDIANA     IOWA     KANSAS     KENTUCKY     LOUISIANA     MAINE     MARYLAND     MASSACHUSETTS     MICHIGAN     MINNESOTA     MISSISSIPPI     MONTANA     NEBRASKA     NEVADA     NEW HAMPSHIRE     NEW JERSEY     NEW MEXICO     NEW YORK     NORTH CAROLINA     NORTH DAKOTA     OHIO     OKLAHOMA     OREGON     RHODE ISLAND     SOUTH CAROLINA     SOUTH DAKOTA     TENNESSEE     TEXAS     UTAH     VERMONT     VIRGINIA     WASHINGTON     WISCONSIN     WYOMING

ALASKA

ALASKA STAT. SS 45.63.010-.100 (1993).
*Registration Requirements
Telephonic seller must register with Department of Law at least 30
days prior to soliciting
*Writing Requirements
Seller may not solicit payment until buyer signs written contract
notifying buyer of buyer's rights
*Prohibited Representations
Seller may not make reference to compliance with statute
*Enforcement
Registration violation: class C felony
Written contract violation: class C felony
Prohibited representation violation: class A misdemeanor
Waiver of buyer's rights: void; class A misdemeanor

ARIZONA

ARIZ. REV. STAT. ANN. SS 13-2919, > 44-1271 to -1281 (1993).
*Registration Requirements
Filing Fee: up to $500, set by Secretary of State.
Supplemental Statement Fee: up to $25, set by Secretary of State.
Expiration: June 30 each year.
Renewal: 30 days prior to expiration.
Bond: $25,000.
Scope: before soliciting prospective purchasers from locations within
the state.
*Writing Requirements / Cooling Off Periods
Cancellation: midnight of third business day after receipt of merchandise.
Written notice of buyer's right to cancellation must be in standard format provided by legislature.
*Calling Bans
Automated Dialing: total prohibition.
*Enforcement
Enforcement Authority: Attorney General
State Criminal Actions
Failure to register: class 5 felony.
Incomplete registration: contempt of court.
Releasing information obtained by telephone solicitation: class A
misdemeanor.
Violation of auto-dial calling ban: class 2 misdemeanor.
State Civil Actions
Injunctive relief.
Civil penalties: $10,000 per violation.
Attorney fees.
Private Claims
Rescission.
Monetary damages and attorney fees.

ARKANSAS

ARK. CODE ANN. SS 4-95-101 to -108, 4-99-101 to -112, 5-63-204 (Michie 1993).
*Seller Registration Requirements
Telephonic seller must register with Consumer Protection Division of
the Office of the Attorney General not less than 10 days prior to
doing business in the state.
Filing fee: $100. Valid for one year.
Renewal fee: $100.
Bond: $50,000.
Material changes must be filed within 10 days of change.
Changes in salespersons updated quarterly.
Registration must be displayed at each of seller's business locations
Scope: soliciting purchasers from locations in the state or purchasers who are locatedin the state.
*Salesperson Registration Requirements
Must register with Consumer Protection Division within 72 hours of accepting employment.
Filing fee: $10. Valid for one year.
Renewal fee: $10.
*Auto-Dial Restrictions
Automated telephone solicitation prohibited
*Writing Requirements
Agreement not enforceable unless:
written;
contains signature of consumer;
contains the following information:
name, address & telephone number of promoter;
material terms/fees;
date of transaction;
detailed description of product; and
disclosure that consumer not obligated unless contract signed and
returned.
Scope: telephone contact at a site within the state.
*Enforcement
Registration violations
Salesperson soliciting for unregistered seller: Class A misdemeanor
Unfair or deceptive act or practice
Willful violation of registration requirements: Class D felony.
Auto-dial violations
Class B misdeameanor
Injunctive relief.
Civil action: attorney's fees and court costs.
Writing requirement violations.
Criminal penalties:
Class B misdemeanor
Amount solicited > $200: Class D felony.
Civil penalties:
Injunction.
Unfair or deceptive act or practice.
Enforcing Authority: Attorney General

CALIFORNIA

CAL. BUS. & PROF. CODE SS 17500.3, 17511 (Deering 1993); CAL. PUB. UTIL. CODE SS 2871- 2876 (West 1993).
*Registration Requirements
File with Justice Dept. not less than ten days prior to doing business
in the state.
Filing Fee: $50. Registration valid for one year.
Renewal Fee: $50.
Material Changes must be updated within 10 days.
Changes in sales personnel must be updated quarterly.
State's written confirmation of registration must be displayed at
seller's business locations.
Exemption Filing: $50.
Bond: $50,000.
Scope: solicitations made from locations in the state or to prospective purchasers located in the state.
*Sales Pitch
Before soliciting a sale, caller must state:
the identity of the person making the solicitation;
the trade name of the person represented;
the kind of goods or services being offered for sale.
*Auto-Dial Restrictions
No ADAD calls between 9 p.m. and 9 a.m.
Person called must have given prior consent to receiving such calls
from the person calling.
Must be preceded by an unrecorded, natural voice announcement which
must state the nature of the call and the name, address and telephone
number of the organization being represented; it must also inquire as
to whether the person called consents to hear the prerecorded
message.
Must disconnect upon termination of the call by either party.
Application to use ADAD must be made to the telephone corporation
servicing the area from which such calls are to be made.
*Enforcement
Unregistered Seller
Misdemeanor: not more than six months imprisonment, and/or
Fine: not more than $2,500.
Violation of Auto-Dial Restrictions:
Fine: not more than $500 per violation, and/or
Disconnection of telephone service to ADAD.
Any Other Violation:
Fine: not more than $10,000 / unlawful transaction, and/or
Imprisonment: not more than one year

COLORADO

COLO. REV. STAT. SS 6-1-301 to -304, 18-9-311 (1993).
*Registration Requirements
Must register with the attorney general at least ten days prior to
conducting business.
Filing Fee: not to exceed $250, determined by attorney general.
Effective for one year from date of filing.
Renewal Fee: not to exceed $100, determined by attorney general.
Material changes: update must be filed within ten days
Scope: solicitations made from locations in the state or to
prospective purchasers located in the state.
*Cooling Off Periods / Disclosure Requirements
Seller must disclose during telephone solicitation that the purchaser
may cancel any purchase or agreement to purchase prior to three
business days after receipt of such goods unless the transaction is
one in which the consumer obtains a full refund for the return of
undamaged or unused goods or a cancellation of services by giving
notice to the seller within seven days after receipt and the seller
processes the refund or cancellation within thirty days; such terms
must be disclosed to the consumer orally by telephone and in writing.
*Calling Bans
Automated dialing prohibited unless there is an existing business
relationship and the person called consents.
*Enforcement
Automated dialing violation: Class 1 petty offense.

DISTRICT OF COLUMBIA

D.C. CODE ANN. S 43-1418 (1993).
*Calling Bans
No automated solicitations.
*Auto-Dial Restrictions
Disconnect within ten seconds after termination.
*Enforcement
State Civil Action
First offense: no more than $1,000.
Each subsequent offense: no more than $5,000.
Corporation Counsel of the District of Columbia shall prosecute
violators.

FLORIDA

FLA. STAT. ANN. SS 501.059, 501.601-.626 (West 1992).
*Registration Requirements
Seller's License
Filing fee: not more than $1,500, set by the Department of
Agriculture and Consumer Affairs.
Scope: telephone solicitations from a location within the state or of purchasers located in the state.
Must be renewed annually. Renewal fee: $10.
License must be displayed at business location.
Failure to display license: cease and desist order.
Bond: $50,000 minimum.
Any material change in application information before the renewal
date must be submitted along with a $10 fee.
Changes in script, outline, presentation, sales information, or
address or status of licensee must be submitted within 10 days
Exemption: Any commercial telephone seller claiming to be exempt
must file with the dept. an affidavit of exemption, a copy of
which must be displayed at business location.
Salesperson's License
Each salesperson must apply to the Department of Agriculture and
Consumer Affairs for a license.
Fee: not more than $50 per salesperson.
Fee must be paid within 14 days after applicant begins working as a
salesperson.
License must be displayed at business location.
Failure to display license: ordered to leave office.
Must be renewed annually.
Renewal fee: not more than $50 per salesperson.
Any material change in application information before the renewal date must be submitted along with a $10 fee.
Changes in script, outline, presentation, sales information, or
address or status of licensee must be submitted within 10 days.
*Writing Requirements / Cooling Off Period
Cancellation period: within 7 days of receipt
Refund requirements:
If defective;
If not as represented;
If not received as promised.
Cannot waive consumer's rights to refund.
Telephone solicitation must be followed by signed written agreement.
*Calling Bans
No automated dialing systems unless system can exclude numbers of
those who do not want to be solicited and put number in quarterly
listing.
No unsolicited calls to those listed in published quarterly listing.
Cost is $10 initially and $5 annually to get name on list.
List is handled by Department of Agriculture and Consumer Affairs.
List is available to solicitors for a fee.
No calling unlisted numbers in phone directory.
*Sales Pitch Content Requirements
Within 30 seconds:
State salesperson identity
State company identity
Identify consumer goods being sold
*Enforcement
Enforcing Authority: Dept. of Agriculture & Consumer Affairs, Dept.
of Legal Affairs, attorney general or any criminal prosecuting
agency.
State Criminal Actions
Soliciting without a company license: 3rd degree felony.
Employing a non-licensed seller: 3rd degree felony.
Selling without a license: 3rd degree felony.
Falsifying application 3rd degree felony.
Any subsequent violation: 2nd degree felony.
State Civil Penalties
No more than $10,000 per violation.
Attorneys' fees and costs of the state
Remedies
Declaratory judgment.
Action for damages.
Injunctive relief.
*Date of Repeal
Sections 501.601 - 501.626 repealed effective October 1, 2001,
subject to review

GEORGIA

GA. CODE ANN. SS 46-5-23 to -24 (Michie 1993).
*Registration Requirements (ADAD)
Permit must be obtained from Public Service Commission.
Fee: set by Commission.
Renewed biennially.
*ADAD Restrictions
Solicitation through use of ADAD equipment prohibited where:
Written consent not received prior to call. (A person may give
consent to a call introduced by a live operator, but that consent
shall apply only to that particular call);
Use is before 8 a.m. or after 9 p.m;
Equipment operates unattended;
Call fails to disconnect within 10 seconds of termination;
Recorded message fails to state name and telephone number of person
or organization initiating call within first 25 seconds and at
conclusion of call;
Calls are made to emergency numbers or numbers omitted from
telephone directory.
Use in any association with 976 numbers prohibited.
*Enforcement
Criminal: misdemeanor.
Non-Criminal Sanctions:
Suspension/revocation of permit.
Disconnection of telephone service:
Enforcement Authority: Public Service Commission.

HAWAII

HAW. REV. STAT. SS 445-184, 468-1 to -5 (1993).
*Registration Requirements
Solicitors must obtain permit from Director of Commerce and Consumer
Affairs.
Scope: soliciting orders for delivery of merchandise within the state
from places either within or without the state.
*ADAD Restrictions
Telephone solicitation using ADAD equipment prohibited.
*Enforcement
Any violation
Fine: $1,000, and/or
Imprisonment: not more than one year.

IDAHO

IDAHO CODE SS 48-1001 to -1010 (1993).
*Scope
Telephone solicitations either to or from locations within Idaho.
*Registration Requirements
Must register with attorney general ten days prior to doing business.
Registration valid for one year.
Filing fee: $50.
Renewal fee: $25.
Changes in application information must be reported within two weeks
of the change.
Certificate must be prominently displayed at solicitor's principal
business location.
*Written Requirements
Seller must send written confirmation (form provided in statute) to
purchaser, UNLESS purchaser has unqualified right to return or cancel
and receive full refund.
Consumer has three business days to cancel order.
Payments must be returned within ten business days after seller receives cancellation notice.
*Sales Pitch Requirements
Provide registration number upon request.
Inform consumer of right to cancel.
Provide street address, including telephone number if sale is completed.
*Liability of Minors
Minors may disaffirm within a reasonable time.
Parent or guardian shall not be liable.
*Statute of Limitations
Two years after the cause of action accrues.
A cause of action accrues when the party bringing the action knows or
reasonably should have known about the violation.
*Enforcement
Any violation is an unlawful, unfair and deceptive act or practice in
trade or commerce under Idaho consumer protection act, chapter 6,
title 48.
Enforcing Authorities: attorney general and district court.
Private Actions
Any violation results in a null, void and unenforceable contract.

ILLINOIS

ILL. REV. STAT. ch. 815, para. 305/1-/30, 505/2Z (1993); 1993 Ill. Laws 288.
*Time of Day Restrictions
No telephone solicitation between 9 p.m. and 8 a.m.
*Sales Pitch Requirements
Solicitor must obtain consent and state:
his or her name;
name of the business or organization being represented;
purpose of call.
*Auto-Dial Restrictions
Disconnect within 30 seconds after call terminates.
Where disconnection within 30 seconds is not technically feasible, live operator must comply with above sales pitch requirements.
*Enforcement
Customer
Recovery of damages (up to 3 times actual damages).
Reasonable attorney fees and costs.
Attorney General
Unlawful practice under Section 2Z of Consumer Fraud and Deceptive
Business Practices Act.

INDIANA

IND. CODE ANN. SS 24-5-12-1 to -24, 24-5-14 (Burns 1993).
*Registration Requirements
Register with consumer protection division of the office of the attorney general.
Filing fee: $50.
Annual renewal fee: $50.
Material changes: update must be filed when they occur.
Scope: soliciting from a location in Indiana or a prospect located in
Indiana
*Writing Requirements
All written materials must include registration number
Buyers can void contract if:
untrue, misleading or deceptive
nondelivery within 4 weeks of placing order
buyers give written notice within 90 days of contract
*Auto Dial Restrictions
Automated Dialing-Announcing Devices banned unless subscriber consents
to receiving the message.
Must disconnect within 10 seconds after call terminates.
No ADAD calls before 9 A.M. or after 8 P.M.
*Sales Pitch Requirements (ADAD)
If a live operator precedes a recorded message, the operator must
disclose:
the name of the business;
the purpose of the message;
the identity of the goods or services promoted;
that the message intends to solicit payment or the commitment of
funds (if applicable).
*Enforcement
State Criminal Actions
Registration noncompliance: class D felony.
Deceptive act: $500.
ADAD noncompliance: class C misdemeanor and deceptive act.
Enforcement Authority: attorney general.
Venue: circuit or superior court of Marion County.
Private Actions
Injunction.
Actual damages, court costs and attorneys' fees.
Venue: circuit or superior court of county of residence of
petitioner.

IOWA

IOWA CODE S 476.57 (1993).
*ADAD Restrictions
ADAD equipment prohibited with limited exceptions.
Where allowed, call must terminate within 10 seconds after termination.
*Enforcement
Violation is a serious misdemeanor.

KANSAS

KAN. STAT. ANN. S 50-670 (1992).
*Writing Requirements
Any verbal solicitation agreement must be followed up by a signed
contract.
Consumer has option to cancel sale at any time if no written contract
accompanied payment.
Written contract not needed if:
consumer may obtain full refund within 7 days after receipt; and
seller processes refund within 30 days of returned merchandise.
*Auto Dial Restrictions
ADAD must disconnect within 25 seconds of termination of call.
*Sales Pitch Content Requirements
Solicitor must:
immediately state purpose of call; and
within 30 seconds, inquire whether person called is interested in
listening to presentation.
*Enforcement
Any violation is an unconscionable act or practice under the Kansas
consumer protection act.

KENTUCKY

KY. REV. STAT. ANN. SS 367.461-.469 (Baldwin 1993).
*Registration Requirements (ADAD)
Obtain permit prior to using automated calling equipment.
Bond: $10,000.
Scope: calls to telephone numbers in the state.
*Auto Dial Restrictions
ADAD banned unless:
consumer consents;
message clearly states:
name;
telephone number of caller within 25 seconds; and
device disconnects within 10 seconds after call terminates.
no random or sequential dialing.
no calling unlisted or emergency numbers.
calls only made between 8 A.M. and 9 P.M.
system only operates with an attendant.
Use of ADAD to solicit persons to call a telephone number with a
charge attached to calling it is prohibited.
*Enforcement
Any violation is an unfair, false, misleading and deceptive act or
practice.
Enforcing Authority: attorney general.

LOUISIANA

LA. REV. STAT. ANN. SS 45:810-:817, 45:821-:830, 45:1166, 9:2711, 9:3538-: 3541 (West 1992).
*Registration Requirements (S 45:813)
Must register with Public Service Commission prior to using ADAD
equipment or live operators to make telephone solicitations.
Filing fee: prescribed by Commission.
Renewed annually. Renewal fee. Bond: $10,000.
Scope: calls to persons in the state.
**Registration Requirements (S 45:823)
Telephonic seller must register with Consumer Protection section of
Department of Justice not less than 10 days prior to doing business
in the state.
Filing fee: $150.
Bond: $50,000.
Registration valid for one year.
Renewal fee: $150.
Material change must be reported within 10 days of change.
Changes in salespersons updated quarterly.
Registration must be conspicuously displayed at each of seller's
business locations.
Name of individual(s) in charge of each location must be displayed with registration.
Seller claiming an exemption to registration must file with consumer
protection section of Department of Justice.
Scope: soliciting purchasers from locations in the state or purchasers
who are located in the state.
*Calling Bans
Use of ADAD equipment or live operator to make telephone solicitations
unlawful when:
Consent not received.;
Calls made before 8 a.m. or after 8 p.m. (Monday through Saturday);
Calls made on state holiday or Sunday;
ADAD equipment operates unattended;
ADAD call does not terminate within 10 seconds after termination;
Recorded message fails to state name and telephone number of
person or organization making call within first 25 seconds;
Calls made to numbers omitted from telephone directory by customer
request or emergency numbers.
Telephone subscribers may request to be included in "opt off" list
maintained by telephone company.
Use of ADAD equipment to solicit persons to call any seven-digit
telephone number for which a fee is charged for each call.
*Sales Pitch Requirements
At the time of solicitation and prior to consummation of sale, seller
must provide the following:
street address of location from which salesperson is calling;
street address of seller's principal location, if different.
*Writing Requirements/Cooling Off Periods
Cancellation: midnight of third business day after consumer signs
agreement.
Seller must provide to consumer and obtain his signature to a written
agreement, which must contain a statement of consumer's right to
cancel.
*Enforcement
Registration (S 45:813) and Calling Ban Violations
Criminal Penalty
Fine: not more than $500.
Imprisonment: not more than 30 days.
Injunctive relief.
Attorney fees.
Civil Penalty
Fine: $1,000 per violation.
Necessary expenses and reasonable attorney fees
Registration (S 45:823) and Sales Pitch Violations
Fine: not to exceed $10,000 per violation; and/or
Imprisonment: not more than one year.
Salesperson soliciting for unregistered seller is a misdemeanor
punishable by:
Fine: not exceeding $2,500; and/or
Imprisonment: not more than six months.

MAINE

ME. REV. STAT. ANN. tit. 10, SS 1498- 1499 (West 1992).
*Registration Requirements (ADAD)
Register with Secretary of State.
Filing fee: Secretary of State may charge a fee sufficient to cover
the cost of registration.
Changes to registration information or discontinuance of the calling
program must be reported within 30 days.
*Auto-Dial Restrictions
No automated calls except weekdays between 9 A.M. and 5 P.M.
Must disconnect within 5 seconds following termination of call.
Automated device must be able to distinguish between authorized and
unauthorized numbers.
No more than one call to a given number in an 8 hour period.
No automated calls to numbers of customers who have notified the
telephone company and requested not to receive such calls.
*Sales Pitch Content Requirements (ADAD)
Must identify within first minute:
name;
address;
telephone number.
*Enforcement
All violations are considered unfair trade practices.
Enforcement official: attorney general

MARYLAND

MD. ANN. CODE art. 78, S 55C (1993); MD. COM. LAW CODE ANN. SS 14-2201 to -2205 (1993).
*Writing Requirements
Must be reduced to writing before valid.
Must contain:
name, address and telephone number of seller;
total price of contract;
detailed description of goods or services.
*Auto-Dial Restrictions
Automated calls with prerecorded messages prohibited.
Calls must disconnect within 5 seconds after termination.
*Enforcement
Auto-dial Offenses
First offense: misdemeanor with a fine up to $1,000.
Subsequent offenses: misdemeanor with a fine up to $5,000.
Other Offenses
Unfair & deceptive trade practice under Title 13, Subtitle 3.

MASSACHUSETTS

MASS. GEN. L. ch. 159, SS 19B-19E (1993).
*ADAD Restrictions
Persons using automatic telephone dialing systems may not dial numbers
of telephone customers who have notified telephone company that they
do not wish to receive such calls.
ADAD calls must disconnect within 5 seconds after termination.
*Sales Pitch Requirements
Upon initial contact, solicitor must state:
identity of person making solicitation;
trade name of person represented;
kind of goods or services offered.

MICHIGAN

MICH. COMP. LAWS SS 445.111-.117, 484.125, 750.540e (1992).
*ADAD Restrictions
Use of recorded message prohibited without consent of person being
called.
Use of automated dialing device prima facie evidence of intent to
violate.
*Writing Requirements / Cooling Off Period
Cancellation: midnight of third business day after agreement signed.
Seller must provide written agreement substantially similar to one
provided by legislature explaining right to cancel.
*Time of Day Restrictions
No unsolicited commercial calls between 9 p.m. and 9 a.m.
*Enforcement
ADAD Violations
Private Action
Damages of not more than $250.
Attorney's fees.
State Criminal Action
Misdemeanor.
Fine of $1,000 and/or imprisonment for 10 days.
Time of Day Violations (malicious)
Misdemeanor.
Imprisonment for not more than 6 months; and/or
$500 fine.

MINNESOTA

MINN. STAT. SS 325E.26-.31 (1993).
*ADAD Restrictions
ADAD prohibited unless:
subscriber consents; or
message immediately precede by live operator.
Must disconnect within 10 seconds after call terminates.
No ADAD calls before 9 A.M. or after 9 P.M.
Scope: calls to subscribers in the state.
*Sales Pitch Requirements (ADAD)
If message preceded by live operator, operator must disclose:
name of business;
purpose of message;
identity or kinds of goods or services; and
intent to solicit payment or commitment of funds (if applicable).
*Enforcement
Private right of action to recover damages.

MISSISSIPPI

MISS. CODE ANN. SS 77-3-451 to -459 (1993); 1993 Miss. Laws 538.
*Registration Requirements
Telephone solicitors must register with Attorney General.
Bond: $75,000 (from and after 7-1-94).
*Time of Day Restrictions
Unsolicited telephone sales only between 8 a.m. and 9 p.m., Monday
through Saturday (no calls on Sunday).
*Sales Pitch Requirements
Solicitor making unsolicited telephone sales call must immediately
identify himself or herself by true first and last names and the
business represented;
disconnect call if person called expresses disinterest.
*Writing Requirements
Contract made pursuant to telephonic sales call must:
be in writing and signed by consumer;
identify goods or services;
contain name, address and telephone number of seller and price of
contract; and
contain statement that consumer is not obligated unless signs and
returns contract.
*ADAD Restrictions
No ADAD calls between 9 p.m. and 9 a.m.
Unsolicited telephone sales by ADAD prohibited.
No ADAD calls unless person called has given prior consent.
ADAD equipment must be operated by a person who shall:
state nature of call;
state name, address and telephone number of business or organization
being represented;
inquire whether person called consents to hear prerecorded message;
and
disconnect device upon termination of call (no time given).
Must apply to telephone corporation within whose service area telephone calls will be placed.
*Enforcement
ADAD Violations
Civil offense subject to:
fine not to exceed $500 per violation; and/or disconnection of
phone service to ADAD.
Enforcing Authority: Public Service Commission.
Other Violations.
Civil penalty: not to exceed $10,000 per violation.
Injunctive relief.
Other relief as court deems appropriate.
Reasonable attorney's fees and costs.
Enforcing Authority: Attorney General.

MONTANA

MONT. CODE ANN. S 45-8-216 (1993).
*ADAD Restrictions
Automated telephone solicitation prohibited.
*Enforcement
Fine: no more than $2,500.

NEBRASKA

1993 Neb. Laws 121; 1993 Neb. Laws 305.
*Registration Requirements (ADAD)
Must obtain permit from Public Service Commission.
Application fee: $500 per device.
Valid for two years.
Renewal treated as new application.
Any person using ADAD other than for telephone solicitation must
register without a fee.
*ADAD Restrictions
All ADAD telephone solicitation messages must:
identify person making call at beginning of message;
state telephone number or address of such person.
No ADAD calls before 8 a.m. or after 9 p.m.
Caller must maintain list of persons who do not wish to receive
telephone solicitations.
Must disconnect within 5 seconds after termination of call.
*Enforcement
Enforcing Authority: Public Service Commission
Any violation subject to:
cease and desist order;
revocation or suspension of permit;
fine not to exceed $1,000 per violation.
Any person in violation shall be guilty of a class II misdemeanor.

NEVADA

NEV. REV. STAT. SS 598.075, 599B (1993).
*Registration Requirements
Seller's License
Fee: $6,000.
Bond: $50,000 (may be increased to not more than $250,000).
If under an assumed name:
additional fee: $6,000.
additional bond: $50,000.
License must be prominently displayed at place of business.
Must renew annually and update within 10 days if material change
occurs. Renewal Fee: $6,000.
Salesperson's License
Fee: $100.
Must renew annually and update within 10 days if material change
occurs. Renewal Fee: $100.
License must be prominently displayed at place of business.
Apply to consumer affairs division of the department of business and
industry.
Scope: soliciting from a location in the state or soliciting persons
in the state from a location outside of the state.
*Writing Requirements
Written summary of refund guidelines established in S 599B.190 must be
supplied to buyers within 3 days of purchase or delivery, whichever
is later.
*Auto-Dial Restrictions
Use of automatic dialing and recorded message prohibited.
*Other Restrictions
No salesperson may be associated with more than one seller at the same
time.
Salesperson or seller cannot disclose name or address of any buyer
except in limited circumstances.
*Sales Pitch Requirements
Salesperson must disclose:
name;
employer;
purpose of call; and
any charge associated with the sale.
*Enforcement
ADAD Violation
Misdemeanor.
All Other Violations
Civil remedies
Injunction.
Fine not to exceed $5,000 per violation.
Declaratory judgment.
Restitution.
Attorney's fees and costs.
Other relief the court deems just.
Violation of court order or injunction:
fine of not more than $50,000 per violation.
Criminal Penalties
First offense within 10 years: misdemeanor.
Second offense within 10 years: gross misdemeanor.
Subsequent offenses within 10 years:
Imprisonment for not less than 1 year nor more than 6 years;
and/or
Fine of not more than $50,000.
Property attributable to violation subject to forfeiture.
Unlicensed Activities
Imprisonment: not less than 1 year nor more than 6 years and/or
Fine: not more than $50,000.
Unlawful solicitation by telephone directed toward a disabled person
or a person who is 65 years of age or older (in addition to any
other civil or criminal penalty):
state civil penalty of not more than $10,000 per violation.
private action to recover actual and punitive damages and
attorney's fees.
Enforcing Authority: district attorney of each county or attorney
general.

NEW HAMPSHIRE

N.H. REV. STAT. ANN. SS 359-E:1 to :6 (1992).
*Registration Requirements (ADAD)
Must register with consumer protection and antitrust bureau of
department of justice at least 10 days prior to using system.
Fee: $20 annually.
*ADAD Restrictions
Must disconnect within 30 seconds after person called hangs up.
*Sales Pitch Requirements (ADAD)
Immediately after contact, message must disclose:
name of person, company or organization making call;
purpose of call; and
goods or services offered.
*Enforcement
Any violation: unfair or deceptive act or practice.

NEW JERSEY

N.J. REV. STAT. SS 2A:170-20.11, 48:17-25, 56:8-57 (1993); 1993 N.J. Laws 252.
*Calling Bans
"Opt-Off" List
Advertising through use of automated dialing device prohibited.
*Sales Pitch Requirements
Upon initial contact, caller must disclose:
name;
employer; and
kind of goods or services being offered.
*Calling Bans
Advertising through use of recorded message prohibited unless:
introduced by operator who obtains consent or;
business relationship exists.
Use of automated dialing device unable to avoid contacting persons who
have not consented to the recorded message is prima facie evidence of intention to violate this act.
*Enforcement
Any violation of this act: not less than $300 or more than $800.
Jurisdiction: every superior court and municipal court shall have
jurisdiction of violations within its territorial jurisdiction.

NEW MEXICO

N.M. STAT. ANN. S 57-12-22 (Michie 1993).
*Auto-Dial Restrictions
Auto-dial solicitations with prerecorded messages banned unless business relationship exists and person called consents.
Auto-dial equipment must release immediately upon termination of call
*Time of Day Restrictions
No telephone solicitations before 9 A.M. or after 9 P.M.
*Sales Pitch Requirements
Must identify name of sponsor and primary purposes for contact.
Must disclose all terms and conditions prior to commitment by buyer.

NEW YORK

N.Y. GEN. BUS. LAW S 399-p (Consol. 1993).
*ADAD Restrictions
Automated Dialing-Announcing Devices prohibited, unless:
state at beginning of call:
nature of call; and
name of person.
state at end of call:
address; and
telephone number of caller.
disconnect upon call termination.
*Sales Pitch Requirements
Solicitor must identify:
name of business; and
purpose of call.
*Enforcement
Enforcing Authority: attorney general.
Any violation: injunction.
ADAD violations:
state civil penalty of not more than $2,000 per call, not to exceed
$20,000, for calls placed within a 72 hour period.
private action:
injunction; and/or
actual damages or $50, whichever is greater.
court may award up to 3 times actual damages up to $1,000 for
willful or knowing violations.
attorney's fees.
Sales pitch violations:
state civil penalty of not more than $2,000.

NORTH CAROLINA

N.C. GEN. STAT. S 75-30 (1993).
*ADAD Restrictions
No unsolicited telephone calls by ADAD unless:
message identifies nature of call and name and address of calling
organization; or
message preceded by human operator who:
states nature and length of message;
identifies party calling;
receives consent from called party; and
disconnects call if called party does not consent.
*Enforcement
Any violation: class 3 misdemeanor, punishable by fine of $100 per
violation.

NORTH DAKOTA

N.D. CENT. CODE SS 51-18-01 to -09 (1993).
*Writing Requirement / Cooling Off Period
Cancellation:
until midnight of third business day after buyer signs agreement.
buyer 65 years of age or older may cancel sale with purchase price
greater than $50 until midnight of fifteenth business day.
seller must orally inform buyer at beginning of transaction of
buyer's right to cancel.
Agreement is unenforceable unless it is in writing and contains the
following information:
date;
signature of buyer;
notice of buyer's rights as provided by statute;
name, address and telephone number of seller;
statement of all charges; and
description of good or service.
*Enforcement
Any violation:
agreement is void and unenforceable.
class B misdemeanor.

OHIO

OHIO REV. CODE ANN. SS 1345.21-.99 (Baldwin 1993).
*Writing Requirement / Cooling Off Period
Cancellation: until midnight of third business day after buyer signs
purchase agreement.
Unsolicited telephone sales must be evidenced by written agreement
including:
name & address of seller;
buyer's signature; and
statement of buyer's rights as provided in statute.
*Enforcement
Any violation: deceptive act or practice
Writing violation: minor misdemeanor

OKLAHOMA

See this page also for additional detail on Oklahoma laws.

 

OKLA. STAT. tit. 15, SS 755.1-.2 (1994); OKLA STAT. tit. 21, SS 1847A, 1861 (1994).
*ADAD Restrictions
Must disconnect within 20 seconds after termination.
No calls before 9 a.m. or after 9 p.m.
One of the following must be true:
express consent by consumer;
prior business relationship; or
calls initiated by live operator who gives the called person the
option to disconnect prior to playing the pre-recorded message.
*Sales Pitch
Must state name and business affiliation immediately and prior to
solicitation.
Must state telephone number of seller if requested by buyer.
*Enforcement
ADAD Violation
State Criminal Penalties
misdemeanor.
injunctive relief.
Civil Action
reasonable attorney's fees.
contract voidable at consumer's option.
Sales Pitch Violation
Misdemeanor.
Third and subsequent violations: felony.

OREGON

OR. REV. STAT. SS 646.551-.571, 83.710-.750 (1991).
*Registration Requirements
Must register with Department of Justice at least 10 days prior to doing business.
Fee: $400.
Must be renewed annually.
Renewal fee: $400.
Copy of registration certificate must be posted at principal business
location.
Scope: calls made from locations in the state or calls made to persons located in the state.
*Calling Bans
No calls to any party who has previously requested not to be called
again.
No calls to parties identified in telephone directory as a party not
wishing to receive telephone solicitations.
*Writing Requirement
Contract must be written and signed by buyer.
*Enforcement
Calling ban violation: unfair trade practice.

RHODE ISLAND

R.I. GEN. LAWS SS 5-61-1 to -6, 11-35-26 (1992).
*Registration Requirements
Must register with attorney general 10 days prior to doing business.
Registration valid for one year.
Material changes must be reported within 10 days.
Filing fee: $100.
Renewal fee: $100.
Receipt of filing must be posted at all business locations.
Scope: soliciting within the state or soliciting purchasers who are
located within the state.
*Auto-Dial Restrictions
Must disconnect within 5 seconds after called party hangs up.
*Enforcement
Registration violations:
Fine: up to $10,000 per unlawful transaction; and/or
Imprisonment: up to one year.
Auto-dial violations:
Misdemeanor punishable by fine not to exceed $200 per occurrence.

SOUTH CAROLINA

S.C. CODE ANN. SS 16-17-445 to -446 (Law. Co-op. 1991).
*ADAD Restrictions
ADAD calls prohibited with limited exceptions.
Must disconnect immediately upon termination.
Prohibited after 7 p.m. or before 8 a.m.
No calls to hotels or vacation rental units.
*Sales Pitch
Telephone solicitor must:
identify himself and business affiliation;
state purpose of call within 30 seconds;
remove called party's name and telephone number from in-house
calling list if requested.
Unsolicited calls must disclose:
cost of merchandise;
payment plan;
extra or special charges.
*Time of Day Restrictions
Unsolicited consumer telephone calls prohibited after 9 p.m. or before 8 a.m.
ADAD calls prohibited after 7 p.m. or before 8 a.m.
*Enforcement
Enforcing Authority: Department of Consumer Affairs
Civil Penalty
first violation: not to exceed $100.
second violation: not to exceed $200.
third or subsequent violation: not to exceed $1,000.
other relief, including injunctive relief, as the court considers
appropriate.
State Criminal Penalty
misdemeanor.
first or second offense:
fine not more than $200; or
imprisonment for not more than 30 days.
third or subsequent offense:
fine not less than $200 nor more than $500; or
imprisonment for not more than 30 days.

SOUTH DAKOTA

S.D. CODIFIED LAWS ANN. S 37-30 (1993).
*ADAD Requirements
Must register with public utilities commission 10 days prior to using
automated solicitation system.
No automated telephone solicitation before 9 a.m. or after 9 p.m.
Device must disconnect within 20 seconds after termination.
No automated calls to:
emergency numbers;
paging or cellular telephones; and
unlisted, unpublished, toll-free long distance or direct inward
dial.
Scope: telephone numbers/solicitations within the state.
*Sales Pitch Requirements
Any telephone solicitation message must immediately disclose:
company or organization name;
purpose of call, and
goods or services offered.
*Enforcement
Any Violation: Class 2 misdemeanor.
Enforcing Authority: attorney general.

TENNESSEE

TENN. CODE ANN. SS 47-18-1501 to -1510 (1993).
*Registration Requirements (ADAD)
Must register with public service commission.
Bond: $10,000.
Fee: as prescribed by commission.
Renewed biennially.
Renewal fee: as prescribed by commission.
Scope: calls to telephone numbers located in the state.
*ADAD Restrictions
Use of ADAD equipment unlawful unless:
consent received prior to call.
use is between 8 a.m. and 9 p.m.
attendant will operate equipment.
equipment terminates within 10 seconds after call ends.
message states name and telephone number of person or organization
initiating call within first 25 seconds.
no calls to unpublished numbers or emergency numbers.
Soliciting calls to any seven-digit telephone number for which a per- call fee is charged is prohibited.
*Enforcement
Criminal: Class A misdemeanor.
Civil:
$1,000 fine per violation.
Injunctive relief.
Damages.
Attorney's fees.

TEXAS

TEX. BUS. & COM. CODE ANN. SS 35.47, 37.01-.05 (West 1993); TEX. RE
V. CIV. STAT. ANN. art. 1446c (West 1993); 1993 Tex Gen. Laws 569.
*Registration Requirements (Telephone Solicitors)
Seller must register with secretary of state.
Filing fee: $200.
Bond: $10,000.
Must be renewed annually.
Renewal fee: $200.
Salesperson information must be updated quarterly.
Other material changes must be reported when change occurs.
Certificate of registration must be conspicuously posted at business
location, along with name of individual in charge of location.
Scope: solicitations from locations in the state or to a purchaser
located in the state.
*Registration Requirements (ADAD)
Must obtain permit from Public Utility Commission.
Fee: not to exceed $500.
Renewed annually.
Renewal fee: not more than $100.
*Sales Pitch Contents
When solicitation is made and before consummation of sale, seller must
provide:
caller's identity;
name of business represented;
purpose of call;
address from which salesperson is calling; and
address of seller's principal location (if different).
*Time of Day Restrictions
No calls before noon or after 9 p.m. on Sundays, or before 9 a.m. and
after 9 p.m. Monday through Saturday.
*Calling Bans
Solicitors must implement in-house systems to avoid calling consumers
who ask not to be called again.
*ADAD Restrictions
Device must disconnect within 30 seconds after call terminates or call
must be introduced by live operator who obtains consent of person
called before beginning prerecorded message.
Must not be used for random number dialing or to dial numbers determined by successive integers.
Message must state within first 30 seconds: nature of call;
identity of person, company or organization calling; and telephone
number from which call is made.
*Enforcement
Enforcing Authority:
ADAD: Public Utility Commission.
Other: attorney general.
Solicitor Registration Violations
Deceptive act or practice under subchapter E, chapter 17, Business
& Commerce Code.
Class A misdemeanor.
Salesperson working for unregistered solicitor: class A misdemeanor.
Injunctive relief.
Reasonable costs.
*Civil penalties:
Not more than $5,000 for a single violation.
Violation of injunction:
not more than $25,000 for a single violation.
not more than $50,000 for all violations.
ADAD Violations
Civil penalty of not more than $1,000 per day.
Revocation of permit.
Knowing violation: Class A misdemeanor.
Other Violations
Injunctive relief.
Civil penalty of not more than $10,000 per violation.
Restitution
Consumer may bring action to recover damages, plus attorney's fees and court costs.
Venue:
the county in which the call originated;
the county in which the call was received; or
Travis County.

UTAH

UTAH CODE ANN. SS 13-25 to -26 (1993).
*Registration Requirements (ADAD)
Must register with Division of Consumer Protection.
Fee: not to exceed $50.
*ADAD Restrictions
No calls before 9 a.m. or after 8 p.m.
Must disengage within 30 seconds after call terminates.
Message must identify business and summary statement within 15 seconds
after contact.
*Calling Bans
Division of Consumer Protection shall provide to registered solicitors a list of individuals who do not wish to receive telephone solicitation calls.
*Registration Requirements (Telephone Solicitors)
Must register annually with Division of Consumer Protection.
Fee: not to exceed $50.
Bond: $50,000.
*Sales Pitch Requirements
Within first 15 seconds, solicitor must:
identify the business;
provide summary statement of what call is about.
Before completing sale, telephone solicitor must disclose:
address and telephone number from where solicitation is made;
legal name of solicitor;
right of cancellation.
*Writing Requirements
Legal name, telephone number and complete address of physical location
of solicitor.
Right of cancellation, along with notice as provided in statute.
Cooling Off Period
Cancellation: up to midnight of third business day after. receipt of
merchandise.
*Enforcement
Automated dialing violation is subject to penalty of not less than $500 nor more than $2,000 per violation.
Other violations:
First offense: class B misdemeanor.
Second offense: class A misdemeanor.
Three or more offenses: third degree felony.
Fine: up to $1,000 per violation.
Willful violations:
civil penalty not exceeding $2,000 per violation.
*Scope of Non-ADAD Legislation
Calls originating in Utah or received in Utah.
*Sunset Act (S 63-55-213)
Auto-dial legislation (SS 13-25-1 thru 13-25-5) repealed July 1, 1994

VERMONT

1993 Vt. Laws 99.
*ADAD Restrictions
Use of ADAD equipment to advertise, promote or initiate pay-per-call
services is unlawful.

VIRGINIA

VA. CODE ANN. SS 59.1-21.1 to .7:1 (Michie 1993).
*Writing Requirement / Cooling Off Period
Cancellation: until midnight of third business day after buyer signs
agreement.
Agreement must be in writing and contain a statement of buyer's rights
as provided in statute.
*Enforcement
Any violation: prohibited practice under Virginia Consumer Protection
Act.

WASHINGTON

WASH. REV. CODE SS 19.158.010-.901, 80.36.390-.400 (1991).
*Registration Requirements
Must register with department of licensing.
Annual registration fee as determined by director of Department of
Licensing (reasonably related to administration costs).
Scope: solicitation from a location in Washington and solicitation of
purchasers located in Washington.
*Sales Pitch Requirements
Within first 30 seconds, caller must identify:
himself or herself
company represented
purpose of call; and
goods or services being sold.
Must terminate call within 10 seconds if purchaser indicates desire not to continue conversation.
If sale is completed, solicitor must:
inform purchaser of cancellation rights;
state registration number; and
give street address of seller.
Registration number must be provided if requested by purchaser.
*Writing Requirements / Cooling Off Period
Purchase agreement must be written.
Must contain explanation of consumer's rights (including cancellation).
Cancellation: within 3 days after receipt of writing.
Any waiver of purchaser's rights unenforceable.
*Calling Bans
If person called indicates that he or she does not wish to be called
again, solicitor must not:
make another call to that number for one year;
provide the party's name and number to another commercial telephone
solicitor.
ADAD commercial solicitation to telephone customers within the state
prohibited.
*Time of Day Limitations
No commercial telephone solicitation to a residence before 8 a.m. or
after 9 p.m.
*Enforcement
Enforcement Authority: attorney general
Any violation: unfair or deceptive act in trade or commerce under
consumer protection act, chapter 19.86.
Failure to register: civil penalty not to exceed $5,000.
Salesperson soliciting on behalf of non-registered solicitor is guilty
of a misdemeanor.
ADAD violation: damages presumed to be $500.
Any non-ADAD violation:
Injunctive relief.
Actual damages.
Court costs.
Attorney's fees.
Civil penalty not less than $500 nor more than $2,000 per violation
Transaction.
less than $50: misdemeanor.
$50 or more: gross misdemeanor.
$250 or more: class C felony.
First 30 seconds disclosure violation:
Fine up to $1,000 per violation.
Private action:
injunctive relief.
damages of at least $100 per violation.
attorney's fees.
costs of suit.

WISCONSIN

WIS. STAT. S 134.72 (1991-1992).
*Calling Bans
No electronically prerecorded telephone solicitation without consent.
*Scope
Any intrastate telephone solicitation.
Any interstate telephone solicitation received by a person in the state.
*Enforcement
Unlawful solicitation: fine up to $500.

WYOMING

WYO. STAT. S 6-6-104 (1993).
*Auto-Dial Restrictions
No ADAD telephone solicitation.
*Enforcement
Misdemeanor punishable by:
imprisonment for not more than six months, and/or
fine of not more than $750.


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© 2003-2008 Robert H. Braver. All rights reserved. The author is not an attorney, and nothing on this web site should be construed as legal advice. All information on this web site is the opinion of Robert Braver or other authors as noted.