N.J.A.C. § 13:45D-1.3
Definitions
The following words and terms, as used in this
chapter, shall have the following meanings, unless their context clearly
indicates otherwise:
A.
"Act" means the Telemarketing Do Not Call law,
N.J.S.A. 56:8-119 et seq.
B.
"Applicant" means the entity which will be
making telemarketing sales calls and each officer, director, principal and owner
of the entity.
C.
"Commercial mobile service" means a telephone
that operates without a physical, wireline connection to the provider's
equipment. The term includes, without limitation, cellular and wireless
telephones.
D.
"Continuing services" means the performance of
work, the provision of medical care or other professional services or the
affording of access to a utility, typically provided to an established customer
on a recurring basis.
E.
"Customer" means an individual who is a resident
of New Jersey and a prospective recipient of a telemarketing sales call to a New
Jersey telephone number.
F.
"Director" means the Director of the Division of
Consumer Affairs in the Department of Law and Public Safety.
G.
"Established customer" means a customer for whom
a seller has previously provided continuing services where the relationship has
not been affirmatively or constructively terminated.
H.
"Existing customer" means:
1.
A person who is obligated to make payments to
a seller on merchandise purchased; or
2.
A person who has entered into a written
contract with a seller where there is an obligation to perform, either by the
customer, seller, or both.
I.
"Isolated call" means one unsolicited
telemarketing sales call made to a single customer in a 12-month period.
J.
"Merchandise" means any object, ware, good,
commodity, service or anything offered, directly or indirectly, to the public
for sale, including an extension of credit.
K.
"No telemarketing call list" means the telephone
numbers of New Jersey customers who have registered for the National Do Not Call
Registry created and maintained by the Federal Trade Commission pursuant to the
Telemarketing Sales Rule (16 CFR 310) or any other successive telemarketing
registry created by the Federal government or any telemarketing registry
established by the State.
L.
"Plan, program or campaign" means any
coordinated telemarketing solicitation.
M.
"Seller" means any person who, in connection
with a telemarketing transaction, provides or offers to provide merchandise to
the customer in exchange for consideration.
N.
"Telemarketer" means any entity who makes
residential telemarketing sales calls to a customer when the customer is in New
Jersey, whether the entity is an individual proprietor, corporation,
partnership, limited liability corporation or any other form of business
organization, or if not formally organized, any person who directly controls or
supervises the making of residential telemarketing sales calls whether on behalf
of itself or others.
O.
"Telemarketing" means any plan, program or
campaign which is conducted by telephone to encourage the purchase or rental of,
or investment in, merchandise, but does not include the solicitation of sales
through media other than a telephone call.
P.
"Telemarketing sales call" means a telephone
call made by a telemarketer to a customer as part of a plan, program or campaign
to encourage the purchase or rental of, or investment in, merchandise, except
for continuing services. A telephone call made to an existing customer for the
sole purpose of collecting on accounts or following up on contractual
obligations shall not be deemed a telemarketing sales call.
Q.
"Unsolicited telemarketing sales call" means any
telemarketing sales call other than a call made:
1.
In response to an express written request of
the customer called; or
2.
To an existing customer.
