19 CRR-NY 221.2NY-CRR
19 CRR-NY 221.2
19 CRR-NY 221.2
221.2 Exceptions.
(a) Unsolicited telemarketing sales call means any telemarketing sales call other than a call made:
(1) in response to an express written or verbal request of the specific customer called;
(2) in connection with an established business relationship, which has not been terminated by either party, unless such customer has stated to the telemarketer or the telemarketer's agent that such customer no longer wishes to receive the telemarketing sales calls of such telemarketer.
(b) Established business relationship shall mean a prior or existing relationship formed by a voluntary two-way communication between a consumer and a telemarketer with or without an exchange of consideration, on the basis of the consumer's purchase or transaction with the telemarketer within the 18 months immediately preceding the date of the telephone call or on the basis of the consumer's inquiry or application regarding products or services offered by the telemarketer within the three months immediately preceding the date of the call, which relationship has not been previously terminated by either party.
(c) Person shall mean any natural person, association, partnership, firm, corporation, and its affiliates or subsidiaries or other business entity.
19 CRR-NY 221.2
Current through October 15, 2021
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