TITLE 21. MISCELLANEOUS
CHAPTER LIV. STATE CONSUMER PROTECTION BOARD
PART 4603. ENFORCEMENT

A person (which includes an entity, corporation, or other telemarketer) shall not be held liable for violating these regulations if the person can demonstrate, by clear and convincing evidence, that: (1) the person has obtained a version of the national do-not-call registry from the Federal Trade Commission no more than thirty-one (31) day prior to the date any telemarketing call is made, pursuant to 16 C.F.R. Section 310.4(6)(i)(iii)(B), and as a part of the persons routine business practice it has established and implemented written policies and procedures related to the requirements of these regulations; (2) the person has trained all personnel conducting telemarketing sales calls in the requirements of these regulations; (3) the person maintains records demonstrating compliance with this section and the requirements of these regulations; and (4) any subsequent unsolicited telemarketing sales call is the result of an error.