N.J.A.C. § 13:45D-3.10
Recordkeeping requirements
(a)
Each registered telemarketer shall maintain
the following information:
1.
The no telemarketing call list;
2.
Documentation attesting to the date of
receipt of the no telemarketing call list;
3.
Sales scripts and written materials used for
telemarketing purposes;
4.
Name, any fictitious name used, last known
home address and telephone number, and job title of all current and former
individuals making telemarketing sales calls on behalf of the applicant;
5.
All phone records associated with the
telephone lines used for telemarketing;
6.
Policies and procedures manuals relating to
training and compliance with the Act and rules;
7.
Records and evidence of employee training in
the requirements of telemarketing regulation;
8.
If telemarketing sales calls are recorded,
the tape recordings of the telemarketing sales calls;
9.
A log which includes the phone number, date,
and time of each and every telemarketing sales call;
10.
Requests to be placed on the telemarketer
specific no telemarketing call list; and
11.
The telemarketer specific no telemarketing
call list.
(b)
A seller that uses a registered telemarketer
to make telemarketer sales calls and does not do its own telemarketing shall
maintain the following information:
1.
A customer's express written permission to
allow telemarketing sales calls;
2.
The list maintained by the seller of
customers who have requested not to receive telemarketing sales calls from the
seller;
3.
Requests from customers who have asked not to
receive telemarketing sales calls from the seller; and
4.
Evidence that a customer is an existing
customer or that a continuing service is being provided to the customer.
(c)
A seller that makes its own telemarketing
sales calls shall comply with both (a) and(b) above.
(d)
The information and records required by (a)
and (b) above shall be retained by the registered telemarketer or seller for a
period of at least two years and shall be provided on request in a readily
available format for inspection by the Director or the Director's authorized
representative.
