19 CRR-NY 221.3NY-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 221.3
19 CRR-NY 221.3
221.3 Safe harbor provisions.
A person (which includes an entity, corporation, or other telemarketer) shall not be held liable for violating these regulations if the person can demonstrate, by clear and convincing evidence, that:
(a) the person has obtained a version of the national ‘do-not-call’ registry from the Federal Trade Commission no more than 31 days prior to the date any telemarketing call is made, pursuant to 16 CFR section 310.4(6)(i)(iii)(B), and as a part of the person's routine business practice, it has established, implemented, and updated written policies and procedures related to the requirements of these regulations, prior to the date any telemarketing call is made;
(b) the person has trained all personnel conducting telemarketing sales calls in the requirements of these regulations;
(c) the person maintains records demonstrating compliance with this section and the requirements of these regulations; and
(d) any subsequent unsolicited telemarketing sales call is the result of an error.
19 CRR-NY 221.3
Current through October 15, 2021
End of Document