Telephone Consumer Protection Act (TCPA)

1. Name of the individual caller
2. Name of the person or entity on whose behalf the call is being made.
3. Telephone number or address at which the person or entity may be contacted.

Calls by tax-exempt nonprofit organizations.

47 C.F.R. ß 64.1200(d)(4)

Caller Identification Disclosures:
Any person or entity that engages in telemarketing must transmit caller identification information, including

1. Either ANI or Calling Party Number (CPN), and
2. If available by the telemarketer's carrier, the telemarketer's name.

Calls by tax-exempt nonprofit organizations.

47 C.F.R. ß 64.1601(e)

Call Abandonment Message Requirements:
Whenever a sales representative is not available to speak with the person answering the call, that person must receive, within 2 seconds after the called person's completed greeting, a prerecorded identification message that states only the name and telephone number of the business, entity, or individual on whose behalf the call was placed, and that the call was for "telemarketing purposes."

N/A

47 C.F.R. ß 64.1200(a)(6)

Artificial/Prerecorded Messages:

1. At the beginning of the message, the identity of the business, individual or entity responsible for initiating the call.(If a business is responsible, must disclose the name under which the entity is registered to conduct business with the state regulatory authority.
2. During or after the message, the telephone number (other than that of the autodialer or message player that placed the call) of the business, entity or individual. *This number may not be a 900 number or other number for which charges exceed local or long distance charges; and must permit any individual to make a do-not-call request during regular business hours.

N/A

47 C.F.R. ß 64.1200(b)

Within first 30 seconds:

1. Caller's true name.
2. Company on whose behalf the solicitation is being made.
3. Consumer goods or services being sold.

If sale completed:

1. 1.Purchaser's cancellation rights.
2. License number issued by the state for both the commercial telephone seller and the salesperson.
3. Street address of the seller.

Calls made when there is an established business relationship are exempt.

Standard commercial telemarketing exemptions apply including calls from publicly traded companies, magazine publishers, utility companies, supervised financial institutions, business-to-business calls etc.*

Within first 15 seconds:

1. Registered seller's name and telephone number.
2. Whom the registered seller represents.
3. That the call is a sales call.

Seller must repeat the above information at any time during the conversation upon the request of the person called.

Seller must terminate the telephone solicitation and promptly disconnect the telephone line if the person receiving the call objects to the solicitation or indicates that the person is not interested.

Before beginning the solicitation:

1. Complete street address of physical location from which the seller is making the call and complete street address of seller's principal location.
2. Legal name of the seller on whose behalf the caller is making the solicitation.
3. Caller's true legal name.
4. Purpose of the call is to sell merchandise.

During the solicitation:

1. Any charge associated with a prize offered.
2. Any material restriction, requirement, condition, limitation, or exception associated with a prize.
3. Any charge connected with the sale of merchandise.
4. Time period within which any prize will be delivered.
5. Consumer's right to cancel the transaction.

Calls to persons with whom there is an established business relationship if the caller uses the same name as in the previous transaction, no sale of securities or prize promotion is involved, the caller does not operate a recovery service and the caller has not violated a telephone solicitation law or been convicted of a felony or crime within the last 20 years.

Standard commercial telemarketing exemptions also apply, including calls from publicly traded companies, magazine publishers, utility companies, supervised financial institutions, business-to-business calls etc.*

Calls to persons who have previously purchased from the business for which the person is calling are exempt,

Standard commercial telemarketing exemptions apply including calls from publicly traded companies, magazine publishers, utility companies, supervised financial institutions, business-to-business calls etc.*

Beginning of call and prior to sales pitch:

1. Purpose of call is to sell specific merchandise.
2. Caller's name.
3. Name of seller on whose behalf the solicitation is being made.
4. Accurate information concerning the nature and description of the merchandise being offered.

Before completion of the call and payment:

1. Total amount of money to be paid.
2. Restrictions, limitations, or conditions applicable to the purchase.
3. Material aspects of performance, quality, efficacy, nature, or basic characteristics of the call.
4. Material aspects of the terms or nature of the refund, cancellation, exchange or repurchase policies.
5. Material aspects of investment being offered.
6. Material elements of a prize promotion including description of prize, market value, conditions to receive or redeem the prize, actual number of prizes, odds of winning, no purchase or payment required to win, and instructions on how to participate or a telephone number or address where such instructions may be provided.

1. Calls in which the sale of merchandise is not completed until a later face-to-face meeting.
2. Calls initiated by a customer that aren't the result of any solicitation by the seller.
3. Calls in connection with any sale of goods or services by a business supplier to a business or between businesses.
4. Calls by or on behalf of charitable organizations.
5. Calls for other noncommercial purposes.
6. Calls by or on behalf of a licensed insurance broker, agent, representative, or solicitor.
7. Calls by or on behalf of persons registered with the state Securities Commissioner.
8. Calls by or on behalf of supervised financial institutions.
9. Calls soliciting sales through a catalog.
10. Calls for the sale of goods or services regulated by the Public Service Commission or the Federal Communications Commission.

Within first 30 seconds:

1. Caller's true first and last name.
2. Company on whose behalf the solicitation is being made.
3. Goods or services to be sold.

1. One-time or infrequent calls unrelated to a pattern of repeated transactions.
2. Calls to provide information to a consumer and in which payment is not accepted.
3. Calls to administer an existing account or service an existing customer.
4. Calls to respond to a consumer's request.
5. Calls in which the seller does not accept payment for the sale of goods or services in that call.

1. True purpose of the call.
2. Caller's name.
3. Company or entity on whose behalf the solicitation is being made.
4. Goods or services being offered.
5. Total purchase costs of the goods or services to be received.
6. Restrictions, limitations, or conditions to purchase or use the goods or services.
7. Material term or condition of seller's refund, cancellation, or exchange policy.
8. Material costs or conditions relating to receiving a prize, including the odds of winning, nature and value of the prize that no purchase is necessary to win, and the no purchase method of entering the contest.
9. Any material aspect of an investment opportunity.
10. Quantity and any material aspect of the quality or basic characteristics of the goods or services.

1. Calls made for religious or political purposes.
2. Calls by registered securities broker-dealers, salespersons, or investment advisors.
3. Calls by supervised financial institutions.
4. Calls by licensed or authorized insurance companies.
5. Calls by accredited colleges or universities.
6. Calls by sellers who publish catalogs.
7. Calls by political subdivisions.
8. Calls for the sale of goods or services by telecommunications or landline or wireless video service providers.
9. Calls by licensed real estate brokers.
10. Calls by registered travel agencies.

1. Caller's name.
2. Name of business or organization being represented.
3. Purpose of the call.
4. Inquire whether the person consents to the solicitation.

1. Calls by registered dealers, investment advisers, or salespersons under state law.
2. Calls by registered broker-dealers, representatives, or salespersons of a broker-dealer under federal law.
3. Calls by licensed insurance companies.
4. Calls by telecommunications carriers.
5. Calls by banks, trust companies, savings and loan associations, and credit unions.
6. Calls by licensees under the Consumer Installment Loan Act.

1. Caller's true first and last name.
2. Name of business on whose behalf the caller is soliciting.

1. Calls in response to an express request by consumer.
2. Calls in connection with an existing debt or contract.
3. Calls by nonprofit organizations.
4. Calls by an individual licensed under real estate broker and salesperson licensing requirements if the sale of goods or services is not completed and payment is not required until after a face-to-face meeting.
5. Calls by any phone company in regard to telephone directories.
6. Calls by a licensed insurance agent.
7. Calls on behalf of a newspaper for the sale of a subscription.
8. Business-to-business calls.

1. Caller's name.
2. Business on whose behalf the caller is soliciting.
3. Identify the purpose of the call immediately upon making contact.
4. Caller must discontinue the call if the person called gives a negative response at any time.**

1. Business to business calls.
2. Calls made in response to an express request of the person called.
3. Calls made primarily in connection with an existing debt or contract.
4. Calls to any person with whom the seller has an existing business relationship if the caller is not an employee of a provider of telecommunications services.

Upon immediate contact:

1. Caller's actual name.
2. Merchant's legal name.
3. Telephone number or address at which the merchant may be contacted.
4. Town or city and state where the caller is physically located.

Within first 30 seconds:

1. Goods, services, interest in real estate, investment or business opportunity or type of credit being offered.
2. Inquire whether the consumer is interested in listening to a sales presentation and immediately discontinue the call if a negative response is given.

Before End of Call
Inquire as to whether the consumer is 18 years of age or older.

1. Calls in response to an express request by consumer;
2. Calls to debtors or parties to a contract in connection with the payment of an existing debt or contract;
3. Calls to any person with whom the seller has a prior or existing business relationship;
4. Calls by merchants if the merchant calls directly, does not sell or engage in telemarketing services, and the call is specifically directed to the person called only if the merchant maintains a business establishment in Kentucky.
5. Business-to-business calls.
6. Calls by charitable organizations soliciting only donations.

1. Immediately after the called party answers, the name, telephone number and firm making or paying for the call, including but not limited to the name of the individual or firm on whose behalf the call is made.
2. At the conclusion of the call, the name and telephone number of the individual or firm making or paying for the call, including but not limited to the name of the individual or firm on whose behalf the call is made, must again be clearly stated.

1. Calls made in response to an express request of the person called.
2. Calls primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call.
3. Calls to any person with whom the telephonic solicitor has an existing business relationship, or a prior business relationship that was terminated or lapsed within 6 months of such call.
4. Calls on behalf of an organization which has non-profit status under 501(c)(3) or (6) unless a paid solicitor is used.
5. Calls for the purpose conducting marketing research, public opinion polling, or similar activities not involving telephonic solicitation or selling or obtaining information that will or may be used for telephonic solicitation or selling.
6. Calls constituting political activity.
7. Business-to-business calls.

1. Seller's name and trade name of person represented by the solicitor.
2. Purpose of the telephone conversation.
3. Kind of merchandise, real property, intangibles, or service solicited.

1. Professional services of the following: CPA, architect, clergyman, professional engineer, lawyer, veterinarian, insurance company authorized to do business in the State, Christian Science practitioner, land surveyor, property line surveyor, chiropractor, optometrist, physical therapist, podiatrist, real estate broker, associate real estate broker, or real estate salesperson, or medical or dental practitioner.
2. Public service companies regulated by the Public Service Comm'n.
3. Television or radio broadcasting stations, publishers/printers of newspapers, magazines, or other forms of printed advertising, unless they engage in unfair or deceptive trade knowingly practices in the sale of their own goods or services.

Within the first minute and before requesting or accepting payment:

1. That the purpose of the call is to make a sale or solicit funds.
2. The correct name of the telemarketing company that employs the individual caller.
3. The correct name of the ultimate seller whose goods or services are being offered by means of the telemarketing call.
4. A complete and accurate description of the goods or services being offered including, but not limited to, the retail market value of the goods or services.

Before requesting, accepting, or arranging for payment by a consumer:

1. The cost to the consumer of the goods or services that are the subject of the call, including any applicable tax, shipping, and handling fees.
2. Any restrictions, limitations, or conditions attached to purchasing the goods or services.
3. The complete terms of any applicable refund, return, cancellation, exchange, or repurchase policies.
4. Any material aspect of an investment opportunity being offered including, but not limited to, the price of the land or other investment, the location of the investment and the fact that an investor may lose some or all of their original investment.

1. Calls to a consumer with that consumer's prior express written or verbal invitation or permission.
2. Calls by a nonprofit organization.
3. Calls by an individual or organization for a noncommercial purpose.
4. Calls to a consumer in response to a visit made by such consumer to an establishment selling, leasing, or exchanging consumer goods or services at a fixed location.
5. Business-to-business calls.

At the beginning of the call:

1. Caller's name.
2. Full name of the organization or other person on whose behalf the call was initiated.
3. Telephone number of the organization or other person, on request.

Before payment is received:

1. Total purchase price of the goods or services to be received.
2. Any restrictions, limitations, or conditions to purchase or use the goods or services that are the subject of an offer to sell goods or services.
3. Any material term or condition of the seller's refund, cancellation or exchange policy, including the right to cancel and if the seller does not have such policy.
4. Any material costs or conditions related to receiving a prize, including the odds of winning, and if the odds aren't calculable in advance, the factors used in calculating the odds, the nature and value of the prize, that no purchase is necessary to win the prize, and the no purchase required method of entering the contest.
5. Any material aspect of an investment opportunity the seller is offering, including but not limited to, risk, liquidity, earnings potential, market value and profitability.
6. The quantity and any material aspect of the quality or basic characteristics of any goods or services offered.
7. The right to cancel a sale, if any.

1. To a residential subscriber with that subscriber's express invitation or permission prior to the call.
2. To an existing customer, unless the existing customer has requested not to receive calls.
3. In which the sale of goods is not completed until a face-to-face meeting.
4. Business-to-business calls.
5. By persons subject to the Charitable Organizations and Solicitations Act.
6. Persons subject to the Public Safety Solicitation Act.
7. By political organizations subject to ß 527 of the Internal Revenue Code.

Upon contact:

1. Purpose of the call is to make a sale.
2. Caller's identifiable name and seller on whose behalf the solicitation is being made.
3. Nature of merchandise or investment opportunity being sold.
4. No purchase or payment is necessary to be able to win a prize.

Prior to requesting payment:

1. Seller's name and address or telephone number where the seller can be reached.
2. Total cost and quantity of merchandise.
3. Any material restrictions, limitations, or conditions.
4. Any material aspect of the nature or terms of the refund, cancellation, exchange or repurchase policies.
5. Any material aspect of an investment opportunity being offered.
6. Material elements of a prize promotion including the odds of winning, that no purchase is necessary, and all material conditions.

1. Calls in which sale of merchandise is not completed until after a later face-to-face meeting.
2. Calls in which the consumer may return the merchandise within 14 days of receipt and receive a refund.
3. Calls initiated by a consumer that are not the result of an advertisement by a seller, in response to an advertisement through any media other than direct mail or telemarketing, in response to direct mail solicitations disclosing material information, or in response to a catalog.
4. Calls with consumer's prior express invitation.
5. Calls to any consumer with whom seller has an established business relationship.
6. Calls by or on behalf of any entity over which a state or federal agency has regulatory authority.
7. Business-to-business calls except involving the sale of nondurable office and cleaning supplies.

Upon contact:

1. Identity of seller.
2. Purpose of the call is to sell goods or services.
3. Nature of the goods or services.
4. Purchase or payment is not necessary to be able to win a prize.

Prior to requesting payment:

1. Total cost of goods or services.
2. All material restrictions, limitations, and conditions.

Prize promotion:

1. Odds of winning a prize.
2. No purchase, no payment method of participating.

1. Seller's individual name.
2. Name of business.
3. Identity or kind of goods seller offers to sell.

1. Sales for less than $25.
2. Sales made pursuant to a prior negotiation a fixed retail business establishment.
3. Sales in which the consumer is accorded the right to rescission.
4. Calls in which the buyer has initiated the contact, the goods or services are needed to meet an immediate personal emergency of the buyer, and the buyer provides the seller with a separate personal statement describing the situation.
5. Sales conducted entirely by mail or telephone and without any other contact between the buyer and seller prior to delivery of goods or performance of service.
6. Sales in which the buyer has initiated the contact and requested the seller to visit his home for maintenance of personal property.
7. Business-to-business calls.

During any solicitation a salesman shall disclose:

1. Seller's true name.
2. Employer of the seller.
3. Purpose of the call.

During any solicitation any one required to register as a salesman or seller must disclose:

1. Any charge connected with sale of goods or services.
2. Any material restrictions, requirements, conditions, limitations, or exceptions.
3. Any charge connected with the sale of any goods or services.
4. The time any prize will be delivered.

Prize Promotions:

1. The complete address of the location and the telephone number from which the consumer is being called and, if different, the complete address of the principal location at which the seller does business.
2. A description of the item.
3. All terms and conditions a consumer must satisfy in order to receive the item.
4. If the consumer is to receive fewer than all the items described by the seller, the manner in which the seller decides which a item a given consumer is to receive.
5. That the consumer may obtain, without cost, a written statement of the terms and conditions he must satisfy in order to receive the item. If the consumer so requests, the seller shall send him such a statement, by mail, without cost to the consumer.

1. Complete legal name under which business is done.
2. Complete street address from which business conducted.
3. Telephone number for customer inquiries and complaints.

1. Sellers of retail goods and services from trade premises open to the public during normal business hours.
2. Sellers who conduct business where the post office box, street address representing a site used for the receipt or delivery of mail, or telephone answering service is ancillary to the sales made.
3. Sellers providing services pursuant to a legal license issued under the authority of a state board or agency, a city, town, or county in the state, except for a person conducting a mail order or catalog business.
4. Business-to-business calls.

Within the first 30 seconds of the call:

1. Name of the person making the call.
2. Name of the telemarketing entity making the call.
3. Name of the person or entity on whose behalf the call is being made.
4. Purpose of the call.

1. Business-to-business calls.
2. Calls made to an existing customer for the sole purpose of collecting on accounts or following up on contractual obligations.

At beginning of call before financial information disclosed:

1. Purpose of the call is to offer goods or services for which a fee will be charged or to provide an investment opportunity.
2. Caller's name.
3. Person on whose behalf the solicitation is being made.
4. Identity of goods or services for which a fee will be charged.

Before end of call:

1. Cost of goods or services that are the subject of the call.
2. In a prize promotion, the odds of winning or factors used in calculating the odds, that no purchase or payment is required to win and the no purchase no payment method of participating.

Within first 60 seconds and before requesting financial information:

1. Caller's true name.
2. Company on whose behalf the solicitation is being made.
3. Purpose of the call is to effect a sale.
4. Identify the goods or services being sold.

If sale is completed during call:

1. Street address and telephone number of caller.
2. Total costs to purchase, receive, or use the goods or services.
3. All material restrictions, limitations, or conditions.
4. All material terms and conditions of the caller's policy of making refunds, cancellations, exchanges, or repurchases.
5. In any prize promotion, description of prize, market value, material conditions, odds of winning, factors and methods used to calculate odds, and no purchase or non payment method of participating.

Calls made to persons who have previously purchased from the business for which the person is calling.

Standard commercial telemarketing exemptions including calls from publicly traded companies, magazine publishers, utility companies, supervised financial institutions, business-to-business calls etc.*

1. Purchaser has cancellation rights.
2. If make reference to compliance with State Commercial Solicitation Act, must state that compliance with the Act does not constitute approval by any governmental agency of the seller's marketing, advertisements, promotions, goods or services.

Within first 30 seconds:

1. Caller's true name.
2. Company on whose behalf the solicitation is being made.
3. Consumer goods or services being sold.

If sale completed:

1. Purchaser's cancellation rights.
2. Registration number issued by the state for both the telephonic seller and the salesperson.
3. Street address of the seller.

Calls to persons who have previously purchased from the caller.

Standard commercial telemarketing exemptions including calls from newspaper and magazine publishers, utility companies, supervised financial institutions, business-to-business calls etc.*

Disclosure requirements only apply to prize promotion representations.

1. Identity of seller.
2. That the purpose of the call is to sell goods or services.
3. Nature of goods or services.
4. That no purchase or payment is necessary to be able to win a prize.
5. Cost of merchandise or method of estimation.
6. Payment plan.
7. Extra or special charges such as shipping, handling, and taxes.

1. Calls in response to an express request of the person called.
2. Calls primarily in connection with an existing debt or contract.
3. Calls to a person with whom the caller has an existing business relationship or had a previous business relationship.
4. Business-to-business calls.

Immediately:

1. Caller's true name.
2. True name of the telemarketer by whom they are employed.
3. True name and address of the business on whose behalf the person is soliciting.
4. Purpose of the call.

Within 30 seconds of beginning:
Whether the person is interested in listening to a sales presentation and if a negative response is received discontinue the call.

1. Calls made in response to an express request of the person called.
2. Calls primarily in connection with an existing debt or contract.
3. Calls to any person with whom the caller has an existing business relationship.
4. Calls by a newspaper publisher or such publisher's agent or employee.
5. Business-to-business calls.

1. Identity of person initiating the call.
2. Entity or organization the caller represents.

1. Calls made with the called person's prior express permission.
2. Calls made by member, volunteer, or employee of a nonprofit organization.
3. Calls to existing customers.
4. Calls made on behalf of a business if a direct employee of the business makes the call, the call is not part of a telecommunications marketing plan, the business has a reasonable belief that the person called is considering purchasing the service or product, the business does not sell or engage in telemarketing services, and the business does not make more than 3 such calls in any one week.
5. Business-to-business calls.

1. First and last name of caller.
2. Name of person on whose behalf the call is being made.

1. Calls made with a person's prior express invitation or permission.
2. Calls made to a person with whom the person on whose behalf the call is being made as an established business relationship that has not been terminated by either party.
3. Business-to-business calls.

1. True identity of the caller.
2. Purpose of the call is to sell consumer goods or services.
3. Nature of the goods or services offered for sale.
4. Total costs to purchase, receive, or use the goods or services.
5. Quantity of the goods or services.
6. Material restrictions, limitations, or conditions.
7. Material aspects of the nature or terms of the refund, cancellation, exchange or repurchase policy.
8. Material aspects of the performance, quality, efficacy, nature or basic characteristics of the goods or services.
9. Material aspects of a prize promotion including description of prizes, statement of true retail value, all material conditions, clear statement that no purchase necessary, actual number of prizes, odds of winning.

No exemption for calls when there is an established business relationship.

Standard commercial telemarketing exemptions including calls from publicly traded companies, magazine publishers, utility companies, supervised financial institutions, etc.*

1. Name of principal seller.
2. Name of individual making the solicitation.
3. That the seller is offering or promoting the sale of consumer goods or services.
4. The nature of the goods or services.
5. Total cost to purchase and receive the goods or services.
6. All material terms and conditions affecting the sale, receipt, or use of the goods or services.
7. The principal seller's mailing address or a local or toll-free number at which consumer may contact the seller.
8. Seller's policy related to refunds, cancellations, exchanges, or repurchases if the seller has a policy that prevents or limits refunds, cancellations, exchanges, or repurchases or the seller makes nay claim or representation regarding the refunds, cancellations, exchanges, or repurchases.

1. Calls initiated by the consumer, unless prompted by the seller's prior solicitation to the consumer.
2. Business-to-business.

1. Name of the individual caller.
2. Identity of the caller or merchant.
3. Telephone number and address at which the caller or merchant may be contacted.
4. That the purpose of the call is to sell consumer goods or services.
5. Nature of the consumer goods or services.

1. Business-to-business calls.
2. Calls made in response to an express request of the person called.
3. Calls made primarily in connection with an existing debt or contract.
4. Calls to any person with whom the caller had an established business relationship.
5. Calls by a seller or merchant making less than 225 calls per year.