Call Center Datasheet Regulations by State

IMPORTANT PLEASE READ:

Reading the copied rules are for REFERENCE ONLY and should not be considered the official regulation. To get the most up-to-date rules and regulations for telemarketing you should consult with your own Attorney or lookup the official state regulations on your States website.

STATE LIST OF EXEMPTIONS STATUTORY REFERENCES
Alabama 25 categories of exemptions, including:
1) Religious, charitable, political, educational purposes
2) Isolated Transaction
3) face-to-face sales
4) Securities sellers/dealers
5) Sellers of newspapers, periodicals and magazines
6) Licensed insurance brokers and their agents
7) certain B to B sales
8) Catalog sales
9) Telephone or utility companies
10) Food sellers where sale price is less than $500
11) Calls to persons with whom seller has an existing business relationship
12) Sellers of vacation time share plans
(for complete list, refer to statute)
Code of Ala. §  8-19A-4
Alaska 19 categories of exemptions, including:
• Licensed insurance agents
• Licensed securities dealers and sellers
• Licensed real estate brokers
• Licensed contractors
• Licensed embalmers/funeral directors
• Licensed Insurance agents
• Sellers of newspapers of general circulation
• Charities
• Catalog sales
• Face to face sales
• Special rules re: sales of records, books, and magazines
(for complete list, refer to statute)NOTE:  no EBR exemption
Alaska Stat. §  45.63.080
Arizona Fully exempted entities:
1) sellers of insurance
2) charitable solicitors registered with the Secretary of State
3) sellers of products where sale not made until a later face to face meeting
4) sellers who after making contact with consumer send the consumer descriptive literature and do not require payment before the consumer reviews the literature, provided seller does not offer an unregistered investment opportunity; offer a prize promotion; offer a recovery service.
5) retail sellers who hold a transaction privilege tax license and over 50% of sales occur in their store.
6) B to B sales where all three of the following occur:  at least 50% of dollar volume is repeat sales to existing businesses; a business does not conduct a prize promotion; and the solicitor nor its principals have been convicted in any state of a felony or crime of moral turpitude in the last 20 years.
7) catalog sales (see statute for definition of “catalog”).
——-
Exempt but company must file “limited” registration statement:
1) sellers acting within the scope of an Arizona professional license.
2) licensed securities, commodities or investment brokers.
3) publicly traded companies
4) a person certified or regulated by the corporation commission or a
subsidiary of that person; cell phone companies; radio telecommunication
services providers.
5) newspaper, magazine, or cable TV sellers.
6) certain book, recording, video club sales.
7) sales to previous customers (must be same name and no payment for prize)
8) sellers of telephone answering services
9) any licensed or supervised bank or other financial institution.
10) service bureaus operating continuously for 5 years and 75% of
revenues come from sales on behalf of other exempt sellers.
A.R.S. §  44-1273
Arkansas Numerous exemptions, including:
1) catalog sales
2) registered securities dealers
3) Licensed insurance sellers
4) Sellers of newspapers, magazines, book/record clubs
5) Sales to previous purchasers
6) face to face sales
7) Any licensed or supervised bank, trust company, savings and loan, credit union or other financial institution.
8) Licensed burial associations
9) Telephone or utility companies or other entities regulated by the Public
Service Commission
10) Book, video or record clubs
(for complete list, refer to statute)
Persons claiming exemption shall include a verified declaration of such exemption.  Burden of proof of exemption on person claiming exemption.
A.C.A. §  4-99-103(9)(B)(ii) & (9)(C)  
California Numerous exemptions, including:
– securities dealers, insurance agents, contractors
– sellers of franchises
– sellers of newspapers, periodicals, magazines, record clubs and book clubs.
– calls to previous customers
– calls where solicitation made at later face-to-face meeting
– any licensed or supervised bank, trust company, savings and loan, credit union or other financial institution
– qualified catalog sales
(for complete list, refer to statute)
Cal Bus & Prof Code §  17511.1(b)(3) & 17511.1(e)
Colorado Numerous exemptions, including:
– Licensed securities dealers and commodities brokers
– Sellers of newspapers, periodicals, magazines
– Book, record, audio tape, compact disc, video sellers (if refund offered)
– Calls made polling, or expression of ideas, opinions, or political or religious purposes
– Calls by a paid solicitor or charitable organization
– Supervised financial institutions, lenders, insurance sellers
– Face to face sales
– Calls by governmental entities or employee, acting in employee’s official capacity
– Sellers of food for immediate consumption with sale price of less than $300
– Catalog sales
– Calls from sellers who have been in business for three years or more, who offer unconditional guarantee and cancellation rights for 30 days after purchase
– Service bureaus operating continuously for 5 years and 75% of revenues come from sales on behalf of other exempt sellers
– A person soliciting business solely from business purchasers who have previously purchased identical or similar goods or services from the business enterprise on whose behalf the person is calling
(for complete list, refer to statute)
C.R.S. 6-1-302
Connecticut Not applicable Not applicable
Delaware Numerous exemptions, including:
1) Corporations organized and/or authorized to do business in DE, and most telemarketing businesses that they hire
2) Not for profit corporations
3) Retail business establishments located in DE (under certain conditions)
4) Book, video, audio recording clubs
5) Entities regulated by Public Utilities Commission; Real Estate Commission
6) Newspapers and magazines
(for complete list, refer to statute)Delaware also exempts the following from coverage of ALL telemarketing related regulations:
1) face to face sales
2) calls initiated by a customer that are not the result of any solicitation by a telemarketer
3) business to business calls
4) calls by or on behalf of charitable/fraternal organizations
4) fundraising and other noncommercial calls by charitable, religious, political, educational, labor and social organizations
6) calls by or on behalf of licensed insurance brokers
7) calls by or on behalf of licensed securities dealers
8) calls by or on behalf of supervised financial institutions
9) qualified catalog sales
10) calls for sales subject to Public Service Commission, or FCC,
regulations
6 Del. C. §  2503A(e) – (g) 
DC 14 categories of exemptions, including:
(1) solicitation for religious/political purposes, charitable/educational institutions, or fundraising for other tax-exempt, nonprofit organizations;
(2) face to face sales;
(3) Sales by a licensed securities, commodities, investment broker, or investment advisor;
(4) A solicitation for the sale of a newspaper and similar publications;
(5) A solicitation for the sale of any goods whenever the person allows a 7-day review period and a full refund within 30 days after the return of such goods to the person;
(6) banks and related institutions; insurance companies;
(7) cable TV sales;
(8) qualified catalog sales; for sales pursuant to a catalog that includes clear disclosure of sales prices, shipping, handling and other charges
(for complete listing, refer to statute)
D.C. Code §  22-3226.05
Florida 28 categories of exemptions, including:
– isolated transactions
– religious, charitable, political, educational and other non-commercial purposes
– where sales presentation is made at later face-to-face meeting
– licensed securities, commodities or investment brokers
– sellers of newspapers, periodicals and magazines; book/record clubs
– supervised financial institutions
– licensed insurance brokers, real estate agents
– certain Business-to-Business sales
– catalog sellers
– publicly traded companies
– calls to persons with whom seller has an existing business relationship
– travel agents and time share sellers
(for complete listing, refer to statute)
Fla. Stat. §  501.604 
Georgia Not applicable n/a
Hawaii Hawaii has no registration requirements.Note that the following types of calls (or calls made) by the following are all exempt from Hawaii’s telemarketing rules:
1) Religious, charitable, political, educational and other non-commercial purposes
2) Licensed securities, commodities or investment brokers
3) Licensed financial institutions
4) Licensed insurance brokers and their agents
5) Accredited colleges or universities
6) Qualified catalog sellers
7) Municipalities or other political subdivisions
8)sales regulated by the Public Utilities Commission or FCC
9) Licensed real estate brokers and their agents
10) Travel agencies
HRS §  481P-5 
Idaho The following types of calls and/or entities making telephone solicitations are exempt from registration requirements:
– isolated transactions
– calls from organization for which less than sixty percent (60%) of prior year’s sales were made as a result of telephone solicitations
– where person contacted is prior purchaser of goods or services
– sales not completed until face to face meeting
– businesses licensed by Idaho agencies (except secretary of state)
– newspapers, telephone directory calls
– magazine, periodical, book, or musical or video recording calls where a form is provided to purchaser to instruct the telephone solicitor not to ship the merchandise; and which comply with the FTC’s “use of negative option plans by sellers in commerce rule” (consent and opportunity to review goods for 7 days; full refund for return of undamaged goods)
– a person who has at least one (1) business location in the state under the same name as that used in connection with telephone solicitations and ninety percent (90%) of the person’s business involves the purchaser’s obtaining services and products at the person’s business
location.
– publicly traded companies
– qualified catalog sales
Idaho Code §  48-1005 
Illinois Not applicable n/a
Indiana Entities who do not fall into definition of “seller” and sellers who are offering items of less than $100 and more than $50,000 Burns Ind. Code Ann. §  24-5-12-8 & 10
Iowa Not applicable n/a
Kansas Not applicable n/a
Kentucky “Telemarketing company” means a company whose primary business is to engage in telephone solicitation.The term “telephone solicitation” does not include:
– calls in response to an express request
– debt collection calls
– calls to persons with whom telemarketer has a prior or existing business relationship
– calls from Kentucky merchant to location outside Kentucky
– business to business calls
KRS §  367.46951(2) 
Louisiana 20 categories of exemptions, including:
– Licensed securities sellers, contractors, real estate agents, insurance agents
– Sellers of newspapers
– Prior customers
– face to face sales
– calls to customers who have previously purchased from the business
– publicly traded companies
– debt collection calls
(for complete list, refer to statute)
La. R.S. 45:822(B) 
Maine “Transient seller of consumer merchandise” does not include a person who sells at public fairs, expositions or bazaars or a member selling on behalf of public service organizations. “Transient seller of consumer merchandise” does not include a person who sells exclusively by mail contact, except for a person who offers merchandise or money prizes as free of charge, such as contest prizes or gifts for answering a survey, but who requires the recipient to pay something of value in order to participate in this offer, including, but not limited to, entrance fees, processing fees or handling charges. A “transient seller of consumer merchandise” does not include a supervised lender. 32 M.R.S. §  14701(8) 
Maryland Not applicable n/a
Massachusetts Not applicable n/a
Michigan Not applicable n/a
Minnesota Not applicable n/a
Mississippi 20 categories of exemptions, including:
– isolated transaction
– religious, charitable, political, educational, noncommercial calls
– face to face sales
– securities
– newspapers, magazines, book/video/record clubs
– publicly traded corporations
– established business relationships/previous purchasers – solicitor must be operating under same exact business name (note – broad EBR definition applies here – no time limit)
(for complete list, see statute)
Miss. Code Ann. §  77-3-609 
Missouri Not applicable n/a
Montana 18 categories of exemptions, including:
– Licensed securities, commodities or investment brokers
– Religious, charitable, political, educational and other non-commercial purposes
– Business to business sales
– Qualified catalog sellers
– Licensed financial institutions
– Licensed insurance brokers and real estate agents
– Calls to persons with whom seller has an existing business relationship
– Sales not completed until later face-to-face meeting
(for complete list, see statute)
Mont. Code Anno., §  30-14-1405 
Nebraska No registration required; however, the following are exemptions to NE’s “Telemarketing and Prize Promotion Act” (R.R.S. Neb. §  86-212 – 235):
1) Calls made by telecommunications company which is offering services that are subject of verification provision
2) Prior request of the customer
3) Existing debt or contract
4) Established business relationship
5) Calls by periodical publisher or agent or employee from periodical
R.R.S. Neb. §  86-219 & 822
Nevada 26 categories of exemptions, including:
– certain licensed professionals
– many sellers regulated by other authorities
– sellers of newspapers and magazines
– registered charitable organizations
– book, video or record clubs
– catalog sellers
– later face-to-face meeting
– sellers of agricultural products where sale is for less than $100
– sales to previous customers for maintenance contracts
– sales to previous customers where no premium offered and where caller is not regularly engaged in telephone sales
– publicly traded companies
(for complete listing, refer to statute)
NRS §  599B.010(11)
New Hampshire Not applicable n/a
New Jersey All “telemarketers” (entities that make “telemarketing sales calls”) are required to register.  A call made regarding “continuing services”, or a call made to “existing customers” for the sole purpose of collecting on accounts or following up on contractual obligations shall not be deemed a “telemarketing sales call.” N.J.A.C. § 13:45D-3.1 et seq.
New Mexico Not applicable n/a
New York Persons exempt (Exemption Set #1:  applies to registration/bonding provisions only):
1) The State of New York or any subdivisions
2) The United States of any department or agency
3) Accredited colleges, universities or other institutions of higher education.
4) Retail sellers who have been in business for more than three (3) years and over 50% of sales occur in their store
5) A person engaged in a business licensed by the federal government, State of New York or any other state. If incorporated in another state, must provide the Secretary of State with a copy of such license.
6) Not-for-profit organizations.Acts or practices exempt (Exemption Set #2: applies to registration/bonding AND other provisions of section 399-pp):
1) debt collection
2) sales not completed until later face to face meeting
3) in-bound calls not the result of solicitation by telemarketer
4) business to business calls (except non-durable office or cleaning supplies)
NY CLS Gen Bus §  399-pp(10)
North Carolina 25 categories of exemptions, including:
– Religious, charitable, political, educational and other non-commercial calls
– licensed securities dealers; insurance agents; real estate brokers
– financial institutions
– passenger airlines
– business to business calls
– publicly traded companies
(for complete list, refer to statute)
N.C. Gen. Stat. §  66-260(11)
North Dakota Not applicable n/a
Ohio 28 categories of exemptions, including:
– religious, charitable, political, educational and other non-commercial purposes
– sales completed at later face-to-face meeting
– sellers of newspapers
– publicly traded companies
– securities dealers/insurance brokers
– banks
– business to business (under certain conditions)
– catalog sales (as per definition in statute)
– calls to previous purchasers (must be same biz name as used for prior 3 years, no prize promotion, no felonies/injunctions against principals)
(for complete list, see statute)
ORC Ann. 4719.01(B)
Oklahoma 20 categories of exemption to the term “commercial telephone seller,” including:
– Licensed securities, commodities or investment brokers
– Calls for religious, charitable purposes
– Financial institutions, insurance brokers
– Face to face sales
– Sellers of food where sale price is less than $300.00
– Qualified catalog sellers
– Publicly traded companies
– Retail sellers who have been in business for more than 3 years and at least 50% of sales occur in store
– any telephone marketing service company which provides telemarketing sales services under written contract to sellers and has been operating continuously for at least 5 years under the same business name and seventy-five percent (75%) or more of its services are performed on behalf of sellers exempt from this section.
(for complete listing, refer to statute)
15 Okl. St. §  775A.2 
Oregon 17 categories of exemptions to the term “telephonic seller”, including:
– Licensed securities, commodities or investment brokers
– Licensed charities
– Licensed insurance brokers, financial institutions
– Sellers of newspapers, periodicals and magazines
– Book or record clubs
– When sales presentation is made at later face-to-face meeting
– Calls from persons soliciting business purchasers who have previously purchased goods from the solicitor.
– Sellers of food where sale price is less than $100.00
– Publicly traded companies
(for complete list, refer to statute)
ORS §  646.551(2)
Pennsylvania 12 categories of exemptions:
(1) Qualified catalog sellers
(2) Where sales presentation is made at later face-to-face meeting
(3) Most book/video/record clubs
(4) Certain business-to-business sales
(5) Businesses operating under a license issued by the Federal Gov’t or PA
(6) Non-profit solicitations (unless a professional solicitor who is NOT registered nor exempt from registration is used.  (Editor’s note:  apparently, if you use a paid solicitor who IS registered, the non-profit does NOT have to separately register.)
(7) Existing business relationship (where seller has been operating continuously for at least 3 years under same name.)
(8) Sellers of newspapers, magazines or periodicals
(9) Certain retail sellers
(10) Certain service bureaus
(11) Sellers of food where sale price is less than $500
(12) Publicly traded companies.
73 P.S. §§ 2241 – 2250
Rhode Island In addition to substantive exemptions created via definition of “telephonic seller” or “seller,” these terms do not include:
(1) Sellers of licensed securities
(2) Plumbers and irrigators
(3) Calls by licensed business corporations
(4) Sellers of franchises
(5) Sellers of newspapers, periodicals and magazines
(6) Calls to previous purchasers
(7) Financial institutions
(8) Authorized sellers of cable TV
(9) Telephone or utility companies
(10) Farm products of less than $100
(11) Publicly traded companies
(12) Sales exempted under Unfair Trade or Deceptive Trade Practices
(13) Sellers of telephone answering servicesEBR exemption (“previous purchasers”) available (no B2B exemption available.)
R.I. Gen. Laws §  5-61-2(10)
South Carolina Not applicable n/a
South Dakota Telephone solicitors making “unsolicited telephone calls” to SD residential subscribers must register and pay a fee, but the term “unsolicited telephone call” does not include calls made:
(a) in response to an express request of the person called;
(b) regarding debt collection;
(c) to any person with whom the telephone solicitor, or any business or financial institution on whose behalf the telephone call is being made has an established business relationship.The term “telephone solicitor” does not include non-profits/charities making calls solely to solicit charitable donations.
ARSD 20:10:35 et seq.  (note that SD regulations reference definitions at S.D. Codified Laws §  49-31-1)
Tennessee Not applicable n/a
Texas The following general categories of exemptions apply only to a seller engaging in a telephone solicitation on the seller’s own behalf:
1)  Persons or items regulated by other laws (e.g., sellers of licensed securities, insurance brokers, publicly traded companies)
2)  Media and subscription services and certain catalogs
3)  Certain nonprofit and educational organizations
4)  Certain commercial sales (i.e., sales to resellers)
5)  Sales of food
6)  Solicitation of current or former customers
7)  Promotions at established retail sales locations or at consumer’s residence
8)  Certain solicitation services having predominately exempt customers
9)  Certain isolated transactions
(for complete listing, refer to statute)
Tex. Bus. & Com. Code §  38.052 et seq.
Utah 16 categories of exemptions, including:
– licensed agents, dealers, or sales professionals;
– newspapers
– most non-profits
– qualified catalog sales
– publicly traded corporations
– isolated transactions
– face to face sales
(for complete list, refer to statute)
Utah Code Ann. §  13-26-4
Vermont The term “telemarketer” does not include any telephone solicitor otherwise registered or licensed with the state.
The term “telephone solicitation” does not include non-profits; calls in response to requests or inquiries; calls made by persons not regularly engaged in telephone solicitation; calls regarding an established business relationship.
9 V.S.A. §  2464a(5) & (7)  (as amended by VT HB 657 (2004))
Virginia Not applicable n/a
Washington The term “commercial telephone solicitor” includes B2B calls by definition of “person” but has 22 categories of exemption, including:
– Isolated transactions w/ no repeat pattern
– Religious, charitable, political and other non-commercial purposes
– Calls to previous purchasers (no time frame given)
– Where sales presentation is made at later face-to-face meeting
– Licensed securities, commodities or investment brokers
– Sellers of newspapers, periodicals and magazines
– Publicly traded companies
– Licensed collection agencies
– Licensed sellers of food, fish or shellfish
(for complete listing, refer to statute)
Rev. Code Wash. (ARCW) §  19.158.020(3) 
West Virginia 20 categories of exemptions, including:
– securities dealers
– face to face sales
– qualified catalog sales
– business to business calls
– supervised financial organizations
– publicly traded companies
– newspapers
(for complete list, refer to statute)
W. Va. Code §  46A-6F-201 et seq. 
Wisconsin Same as for DNC purposes Wis. Stat. §  100.52(1)(j) & (6)
Wyoming For “notice of activity” requirement, the term “unsolicited telephonic sales call” does not include calls made:  in response to an express request; in connection with debt collection; to persons with whom the telephone solicitor had an established business relationship; or by a telephone solicitor or merchant making less than two hundred twenty-five (225) unsolicited calls per year. Wyo. Stat. §  40-12-301(a)(xi)  
FCC “In-house” DNC rules apply to “any call for telemarketing purposes.”  (Note: refer to FCC’s definition of “telemarketing.”) 47 CFR 64.1200(d)
FTC The following exemption rules to the TSR apply:
A.  “Jurisdictional” exemptions — calls made directly by the following entities are exempt:  (i) banks, federal credit unions, federal savings and loans; (ii) common carriers (long-distance telcos and airlines); (iii) non-profits (i.e., entities not organized to carry on business for their own profit).  (CALLS MADE BY FOR-PROFIT OUTSOURCED CALL CENTERS, EVEN ON BEHALF OF THE ENTITIES IDENTIFIED ABOVE, ARE COVERED BY THE TSR RULES – SPECIAL RULES FOR NON-PROFITS, HOWEVER.)
B.  All calls that do NOT involve a plan, program, or campaign which is conducted to induce the purchase of goods or services or a charitable contribution, by use of one or more telephones and which involves more than one interstate telephone call are exempt.  (Note that all INTRA-STATE calls exempted here by definition).
C.  A number of entities and individuals associated with them that sell investments and are subject to the jurisdiction of the Securities and Exchange Commission or the Commodity Futures Trading Commission are not covered by the TSR, even if they engage in a plan,
program, or campaign to sell through interstate telephone calls.
D.  Calls by and/or on behalf of entities engaged in the business of insurance?  Whether
the McCarran-Ferguson Act removes insurance-related telemarketing from coverage of the
TSR depends on the extent to which state law regulates the telemarketing at issue and
whether enforcement of the TSR would conflict with/supercede those state regulations.
Calls made by for-profit outsourced call centers on behalf of entities engaged in the
business of insurance?  The TSR does NOT necessarily apply simply because the calling
campaign in conducted by a third-party telemarketer.
E.  “Inbound” exemptions — the following inbound calls are completely exempt:  (i) calls in
response to qualified catalog mailings; (ii) unsolicited calls from consumers; (iii) most calls
responding to general media advertising; and (iv) most calls responding to direct mail
advertising (including faxes) that clearly discloses all payment disclosures mandated under
TSR (unless a prize promotion is offered.)
(BUT SEE “UPSELLS” – ALL TSR RULES, EXCEPT FOR DO-NOT-CALL AND TIME
RESTRICTIONS, APPLY TO UPSELLS)
F.  “Other” exemptions:  (i) most business to business calls completely exempt from TSR;
(ii) sales of franchises, sale of pay per call services, and “face to face” sales exempt from
all TSR rules EXCEPT:  “in-house” and central registry DNC rules; rules re: threats, obscene
language; predictive dialer rules; caller ID rules; and time restrictions.