19 CRR-NY 221.1NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 19. DEPARTMENT OF STATE
CHAPTER VIII. DIVISION OF CONSUMER PROTECTION
PART 221. ENFORCEMENT
19 CRR-NY 221.1
19 CRR-NY 221.1
221.1 Violations.
(a) No telemarketer or seller may make or cause to be made any unsolicited telemarketing sales call to any consumer more than 31 days after the telephone number appears on the national do-not-call registry, pursuant to 16 CFR section 310.4(b)(1)(iii)(B). Each call to a telephone number shall be deemed a separate occurrence for purposes of the penalty and enforcement provisions of these regulations.
(b) No telemarketer or seller shall engage in telemarketing at any time other than between 8:00 a.m. and 9:00 p.m. local time unless the consumer has given his or her express consent to the call at a different time.
(c) At the beginning of each telemarketing sales called telemarketers shall provide, in a clear and coherent manner using words with common and everyday meanings, all of the following information:
(1) the telemarketer's name and the person, firm or corporation on whose behalf the solicitation is being made, if other than the telemarketer;
(2) the purpose of the telephone call; and
(3) the identity of the goods or services for which a fee will be charged.
(d) Prior to the purchase of any good or service, telemarketers shall disclose to the customer the cost of the goods or services that are the subject of the call and if the offer includes a negative option feature, all material terms and conditions of the negative option feature, including, but not limited to the fact that the customer's account will be charged unless the customer takes an affirmative action to avoid the charges, the dates the charges will be submitted for payment, and the specific steps the customer must take to avoid the charge.
19 CRR-NY 221.1
Current through October 15, 2021
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