21 NYCRR § 4603.2
4603.2 Exceptions
(a)
Unsolicited
telemarketing sales call means any telemarketing sales call other than a call
made: (1) in response to an express written or verbal request of the specific
customer called; (2) in connection with an established business relationship,
which has not been terminated by either party; or (3) to an existing customer,
unless such customer has stated to the telemarketer or the telemarketer's agent
that such customer no longer wishes to receive the telemarketing sales calls of
such telemarketer.
(b)
Established business relationship shall
mean a prior or existing relationship formed by a voluntary two-way
communication between a consumer and a telemarketer with or without an exchange
of consideration, on the basis of the consumers purchase or transaction
with the telemarketer within the eighteen (18) months immediately preceding the
date of the telephone call or on the basis of the consumers inquiry or
application regarding products or services offered by the telemarketer within
the three (3) months immediately preceding the date of the call, which
relationship has not been previously terminated by either party.
(c)
"Existing customer" shall mean
a prior or existing relationship formed by a voluntary two-way communication
between a consumer and a telemarketer with or without an exchange of
consideration, on the basis of the consumers purchase or transaction
with the telemarketer within the eighteen (18) months immediately preceding the
date of the telephone call or on the basis of the consumers inquiry or
application regarding products or services offered by the telemarketer with the
three (3) months immediately preceding the date of the call, which relationship
has not been previously terminated by either party.
(d)
"Person" shall mean any
natural person, association, partnership, firm, corporation, and its affiliates
or subsidiaries or other business entity.