N.J.A.C. § 13:45D-4.2
Exempt telemarketing sales calls
(a)
Telemarketers may make the following
telemarketing sales calls even if the customer is on the no telemarketing call
list unless the customer has requested not to receive telemarketing sales calls
under N.J.A.C. 13:45D-3.9:
1.
Calls made to an existing customer; or
2.
Calls made to an existing customer to whom a
seller's sole obligation is the extension of credit which are made within 18
months of the date of the customer's last credit transaction or until the
satisfaction of the credit obligation, whichever is later.
(b)
Telemarketers may make telemarketing sales
calls to customer numbers on the no telemarketing call list with the express
agreement of the customer. Any requests for a customer's permission to make a
telemarketing sales call shall be made in a clear and conspicuous manner in
which the customer provides affirmative consent. A pre-checked box or other form
of consent that has been completed by any person other than the customer shall
not be deemed to be affirmative consent. The telemarketer shall first obtain the
customer's express agreement in writing which includes the number to which
telemarketing sales calls may be made and the customer's signature. If this
agreement is reached online, the signature of the customer may be an electronic
signature.
