Prohibited Acts:

Unsolicited Fax Advertisements

• Unsolicited fax advertisements without prior express consent are prohibited. That prior express consent is not implied consent. In other words initiating a fax to a number obtained from a business card, local chamber of commerce listing, etc. is not express consent. There is no exemption for a proir business relationship in the statute. That applies only to prerecorded telephone solicitations. Opt out is not required by the recipient.

• Unsolicited prerecorded telephone solicitations to residential telephone lines without prior express consent or prior business relationship are prohibited. The statute prohibits such calls if they contain a commercial message - using the words "free" or "poll" do not create an exemption if the pupose of the prerecorded message is to further a commercial enterprise. Opt out is not required by the recipient.

• A telephone solicitation within a twelve-month time period after a do-not-call demand is prohibited. There is no grace period. The do-not-call demand must be honored at the time the request is made. Any call after the do-not-call be it 5 seconds, 5 days or 5 weeks later is prohibited. A do-not-call demand applies to the telephone number not to any name or address. Opt out on first call required.

• A telephone solicitation to a residential or cell phone number listed in the National Do Not Call Registry is prohibited.
  

Fax:

• Telephone number of entity initiating the fax.
• Name of the entity initiating the fax.
• Time and date of the fax.
• Name of the entity represented by the fax.

• The full name of the caller
• The name of the entity initiating the call if a prerecorded telephone solicitation and other than the entity represented
• The name of the entity represented by the call
• The telephone number or address of the entity initiating the call if other than the entity represented
• The telephone number or address of the entity represented

• Do-not-call requests must be honored for ten years
• A do-not-call request must be entered on the do-not-call list "at the time the request is made"
• Telemarketers must have a written policy on maintaining a do-not-call list
• Telemarketers must provide the called party on demand a copy of their policy on maintaining a do-not-call list.
• All telephone solicitors must be trained in the recording of a do-not-call request.
• A signed agreement to call a number on the National Do Not Call list.