LD 331
pg. 2
Page 1 of 2 PUBLIC Law Chapter 70 LD 331 Title Page
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LR 1218
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D.__"Telemarketing" means a plan, program or campaign that
is conducted by use of one or more telephones to induce the
purchase of goods or services or a charitable contribution
and that involves more than one intrastate telephone call.
"Telemarketing" does not include the solicitation of sales
through the mailing of a catalog that contains a written
description or illustration of the goods or services offered
for sale, the business address of the seller and multiple
pages of written material or illustrations, and that is
issued not less frequently than once a year, if the person
making the solicitation does not solicit customers by
telephone but only receives calls initiated by customers in
response to the catalog and during those calls takes orders
without further solicitation.__For purposes of this
paragraph, the term "further solicitation" does not include
providing the customer with information about, or attempting
to sell, any other item included in the same catalog that
prompted the customer's call or in a substantially similar
catalog.

 
2.__Prohibition.__Except as provided in subsection 3, it is an
unfair trade practice, as prohibited by Title 5, section 207, for
a seller or telemarketer to fail to transmit or cause to be
transmitted the telephone number and, when made available by the
telemarketer's carrier, the name of the telemarketer to any
caller identification service in use by a recipient of a
telemarketing call.

 
3.__Exception.__It is not a violation of subsection 2 for a
seller or telemarketer to substitute for the name and telephone
number used in or billed for making the call:

 
A.__The name of the seller or charitable organization on
whose behalf the telemarketing call is placed; and

 
B. The seller's or charitable organization's customer or
donor service telephone number that is answered during
regular business hours.

 
Sec. 2. Effective date. This Act takes effect January 29, 2004.


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