N.J.A.C. § 13:45D-4.5
Defenses to liability
(a)
A registered telemarketer shall not be held
liable for violating the Act or this chapter if the telemarketer can demonstrate
that:
1.
The telemarketer has obtained and put into
use a copy of the no telemarketing call list which is no older than three months
at the time the telemarketing call in question was made and the telemarketer has
established and implemented written policies and procedures related to the
requirements of the Act and these rules;
2.
The telemarketer has trained all personnel in
making telemarketing sales calls and the requirements of the Act and these
rules;
3.
The telemarketer maintains records which
demonstrate compliance with (a)1 and 2 above and the Act; and
4.
Any unsolicited telemarketing sales call made
to a customer on the no telemarketing call list is an isolated call made no more
than one time in a 12-month period.
