Telemarketing Disclosure Requirements
Federal telemarketing rules require certain disclosures to be made when calling consumers. Both the FCC (learn about FCC telemarketing regulations) and the FTC (Learn about FTC telemarketing regulations) 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.
Telemarketing Cancellation Rights
The following states have state telemarketing rules that give specific cancellation rights to consumers: Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Idaho, Kentucky, Louisiana, Maine, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wyoming. Note that there may be additional/different state cancellation rights for certain types of products (such as health club memberships, home improvement contracts, etc.). Exceptions to these telemarketing rules may apply.
Many state telemarketing rules require telemarketers to provide consumers with written "Notice of Cancellation" forms to assist the consumer should they choose to cancel their purchase. State telemarketing rules often require the telemarketer to verbally inform the consumer of his/her cancellation rights during the initial phone call.
To find out the specific cancellation rights required by each state or telemarketing compliance in general, please contact a qualified Telemarketing Attorney.
Click here to learn what else a telemarketing script must contain.
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