New Jersey Amends Its Telemarketing Sales Law | Practical Law

New Jersey Amends Its Telemarketing Sales Law | Practical Law

New Jersey recently enacted a new law to amend the state's restrictive telemarketing sales law, which previously prohibited most telemarketing calls to mobile devices. Under this amendment, now only unsolicitied telemarketing calls are prohibited.

New Jersey Amends Its Telemarketing Sales Law

Practical Law Legal Update 3-599-6765 (Approx. 3 pages)

New Jersey Amends Its Telemarketing Sales Law

by Practical Law Commercial
Published on 09 Feb 2015 • USA (National/Federal)
New Jersey recently enacted a new law to amend the state's restrictive telemarketing sales law, which previously prohibited most telemarketing calls to mobile devices. Under this amendment, now only unsolicitied telemarketing calls are prohibited.
On January 29, 2015, New Jersey Governor Chris Christie signed a new law that amends the state's telemarketing sales rule by clarifying that the state's "no call list" law prohibits parties from making unsolicited telemarketing sales calls to commercial mobile service devices (N.J. Stat. Ann. § 56:8-130 (2015)). The prior version of New Jersey's telemarketing sales rule prohibited nearly all telemarketing sales calls to commercial mobile service devices.
New Jersey's new telemarketing sales rule allows telemarketers to:
  • Make unsolicited calls only if:
    • the telemarketer is a commercial mobile services company calling its own customer;
    • the customer will not incur telecommunication charges or a usage allocation deduction from the call; and
    • the call is directly related to the telemarketer's commercial mobile services.
  • Call parties that have provided express written consent to receiving telemarketing calls.
This new law became effective on January 29, 2015.
Before conducting direct marketing campaigns, advertisers and businesses should review relevant federal and state laws to ensure that they are complying with any necessary requirements and not engaging in prohibited marketing. For more information on federal telemarketing laws, see Practice Note, Direct Marketing: Telemarketing Sales Rule.