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Telemarketing Statutes

Telephone Consumer Protection Act, 47 U.S.C. § 227 - Text of the federal TCPA law:
antitele.home.texas.net/laws/47usc.txt

FCC regulations, including fax restrictions, 47 C.F.R. § 64.1200 - Text of the FCC regulations: antitele.home.texas.net/laws/47cfr.txt

FTC Telemarketing Sales Rule (TSR), 16 C.F.R. § 310:
www.ftc.gov/bcp/telemark/rule.htm

Important Note: FTC record keeping requirements at 16 C.F.R. 310.5(a) require that:

(a) Any seller or telemarketer shall keep, for a period of 24 months from the date the record is produced, the following records relating to its telemarketing activities:

(1) All substantially different advertising, brochures, telemarketing scripts, and promotional materials.

MARYLAND LAW PROHIBITING AUTOMATED DIALING
Md. Ann. Code, Public Utility Companies Article, § 8-204 (2001) § 8-204.
Telephone solicitation; automated dialing

(a) Scope of section. -- This section does not apply to:

(1) a unit of federal, State, or local government that uses an automated dialing prerecorded message machine for emergency purposes; or
(2) a person who has a preexisting business relationship with, or the consent of, the person called.

(b) Prohibited. -- A person may not use an automated dialing, push-button, or tone-activated address signaling system with a prerecorded message to:

(1) solicit persons to purchase, lease, or rent goods or services;
(2) offer a gift or prize;
(3) conduct a poll; or
(4) request survey information if the results will be used directly to solicit persons to purchase, lease, or rent goods or services.

(c) Disconnection required. -- The sender of an automated dialing, push-button, or tone-activated address signaling call shall disconnect the prerecorded message machine from the recipient's telephone line within 5 seconds after the termination of the call by either the person calling or the person called.

(d) Penalty. -- A person who violates a provision of subsection (b) or (c) of this section is guilty of a misdemeanor and on conviction is subject to a fine:
(1) not exceeding $1,000 for the first offense; and
(2) not exceeding $5,000 for each subsequent offense.

HISTORY: An. Code 1957, art. 78, § 55C; 1998, ch. 8, § 2.

MARYLAND LAW PROHIBITS CALLER ID BLOCKING
Maryland Ann. Code, Public Utility Companies Article, § 8-205 (2002)


 

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