TITLE 201: OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION
CHAPTER 12.00: THE MASSACHUSETTS DO NOT CALL REGISTRY
201 CMR 12.02
12.02: General Telephone
Solicitation Regulations
(1)
No telephone
solicitor shall make or cause to be made an unsolicited telephonic sales call
to a consumer if the consumer's name and telephone number appear on the then
current quarterly "do not call" registry maintained by the Office
of Consumer Affairs and Business Regulation as otherwise detailed within 201
CMR 12.03.
(2)
No telephone solicitor
shall make or cause to be made an unsolicited telephonic sales call to a consumer
between the hours of 8:00 P.M. to 8:00 A.M., local time at the consumer's location.
(3)
No telephone solicitor
shall make or cause to be made an unsolicited telephonic sales call to a consumer
through, by or in the form of electronically transmitted facsimile(s).
(4)
No telephone solicitor
shall make or cause to be made an unsolicited telephonic sales call to a consumer
by the use of a recorded message device.
(5)
No telephone solicitor
shall use or cause to be installed a blocking device or service to circumvent
a consumer's use of a caller identification service or device.
(6)
All telephone solicitors
engaging in unsolicited telephonic sales calls of Massachusetts consumers must
institute procedures for honoring the list of Massachusetts consumers who have
elected not to receive unsolicited telephonic sales calls in compliance with
M.G.L. c. 159C and 201 CMR 12.00 et seq.
(7)
All telephone solicitors
engaging in unsolicited telephonic sales calls of Massachusetts consumers shall,
at the beginning of such call, disclose all of the following information within
the first minute of a telephonic sales call and before requesting, accepting
or arranging for payment by a consumer:
(a)
that the purpose of
the telephone call is to make a sale or solicit funds;
(b)
the correct name of
the telemarketing company that employs the individual telemarketer who is making
the call;
(c)
the correct name of
the ultimate seller whose goods or services are being offered by means of the
telemarketing call; and
(d)
a complete and accurate
description of the goods or services being offered including, but not limited
to, the retail market value of the goods or services.
(8)
All telephone solicitors
engaging in unsolicited telephonic sales calls of Massachusetts consumers shall
provide all of the following information before requesting, accepting or arranging
for payment by a consumer:
(a)
the cost to the consumer
of the goods or services that are the subject of the telemarketing sales call
including, but not limited to, any applicable tax, shipping and handling fees;
(b)
any restrictions,
limitations or conditions attached to purchasing the goods or services;
(c)
the complete terms
of any applicable refund, return, cancellation, exchange or repurchase policies;
and
(d)
any material aspect
of an investment opportunity being offered including, but not limited to, the
price of the land or other investment, the location of the investment and the
fact that an investor may lose some or all of their original investment.
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.
