Federal telemarketing rules require certain disclosures to be made when calling consumers. Both the FCC and the FTC have adopted their own telemarketing rules and disclosure requirements. In order to be fully compliant, telemarketers must comply with both sets of requirements, as well as any applicable state telemarketing rules.The following states (including districts and territories) have telemarketing rules that require specific disclosures: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, D.C., Florida, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
These telemarketing rules often specify the timing under which the disclosures must be given. Common examples of required disclosures include: (1) the caller’s true name; (2) the company on whose behalf the solicitation is being made; (3) the nature of the goods or services being sold; (4) the cancellation rights of the consumer; and (5) the street address of the seller.
To find out what specific disclosure statements are required by the federal and state governments, please contact a qualified Telemarketing Rules Attorney.