REGULATIONS
TITLE 201: OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION
CHAPTER 12.00: THE MASSACHUSETTS DO NOT CALL REGISTRY
201 CMR 12.01
12.01: Definitions
Caller Identification
Service or Device. A telephone service or device that permits a consumer to
see the telephone number of incoming calls.
Consumer. An individual
who is a resident of Massachusetts and a prospective recipient of consumer goods
or services.
Consumer Goods or Services.
An article or service that is purchased, leased, exchanged or received primarily
for personal, family or household purposes including, but not limited to, stocks,
bonds, mutual funds, annuities and other financial products.
Doing Business in Massachusetts.
Conducting telephonic sales calls:
(a)
from a location in
Massachusetts; or
(b)
from a location outside
of Massachusetts to consumers in Massachusetts.
Do Not Call Registry.
A database, maintained by the Office of Consumer Affairs and Business Regulation
as otherwise detailed in 201 CMR 12.03 and 12.05, of names and telephone numbers
of Massachusetts consumers who have elected not to receive unsolicited telephonic
sales calls.
Existing Customer. A residential
telephone subscriber with whom the person or entity making a telephonic sales
call has maintained an account or had a business relationship within the previous
24 months.
Local Exchange Companies.
A corporation, person, partnership or any other organization subject to the
Department of Telecommunications and Energy's jurisdiction pursuant to M.G.L.
c. 159 providing local exchange service for sale to subscribers, and resellers
of such service for public use.
Marketing or Sales Solicitation.
The initiation of a telephone call or message to encourage the purchase or rental
of, or investment in, property, goods or services, that is transmitted to a
consumer, but not including a telephone call or message:
(a) to a consumer with
that consumer's prior express written or verbal invitation or permission;
(b) by a tax-exempt nonprofit
organization;
(c)
by an individual or
organization for a noncommercial purpose, such as a poll or survey; or
(d)
to a consumer in response
to a visit made by such consumer to an establishment selling, leasing or exchanging
consumer goods or services at a fixed location.
Office. The Massachusetts
Office of Consumer Affairs and Business Regulation.
Telephonic Sales Call.
A call made by a telephone solicitor to a consumer for the purpose of:
(a) engaging in a marketing
or sales solicitation;
(b) soliciting an extension
of credit for consumer goods or services; or
(c) obtaining information
that will or may be used for marketing or sales solicitation or exchange of
or extension of credit for consumer goods or services.
Telephone Solicitor. An
individual, association, corporation, partnership, limited partnership, limited
liability company or other business entity, or a subsidiary or affiliate thereof,
doing business in Massachusetts who makes or causes to be made a telephonic
sales call.
Unsolicited Telephonic
Sales Call. A telephonic sales call other than a call made:
(a) in response to an
express written or verbal request of the consumer called;
(b) primarily in connection
with an existing debt or contract, payment or performance of which has not been
completed at the time of the call;
(c) to an existing customer
unless such customer has stated to the telephone solicitor that such customer
no longer wishes to receive the telephonic sales calls of such telephone solicitor;
or
(d) in which the sale
of goods and services is not completed, and payment or authorization of payment
is not required, until after a face-to-face sales presentation by the telephone
solicitor or a meeting between the telephone solicitor and customer.
Compliance Guide:
Registration Made Easy.
Online State Registration wizard for call campaign licensing.
Wizard makes finding State DNC exemptions easy.
Quickly answer questions with included regulatory guide.
This site is provided for informational purposes only. These materials do not constitute legal advice and should not be used as a substitute for competent legal counsel. No representations are made regarding the timeliness, accuracy, or completeness of these materials.
