We aim to highlight the importance of due diligence in lead campaigns and to keep our customers and industry associates up-to-date with the compliance news reported for our industry. This article from TCPA World is reprinted here for our readers, courtesy of our legal partners Troutman Amin LLP.
CONNECTICUT ROLLS OUT NEW TELEMARKETING REQUIREMENTS
Here is What You Need to Know
by Angelika Munger, Duchess of TCPAWorld
On Monday the [Connecticut] Governor signed a bill, SB1058, which is a comprehensive act concerning charitable organizations, telecommunications, and the AG’s recommendation regarding consumer protections, that includes amendments and expansion of the state’s current telemarketing statutes, which go into effect October 1, 2023. That will be here before you know it!
The act adds 8 new definitions to section 42-284 and amends 6 definitions. A newly added section outlines providing assistance or support to initiators of voice communication or telephonic sales whom one may know or avoids knowing are engaged in or intends to engage in fraud or any practice that violates section 42-284- 42-288b and carries a penalty of up to $20,000 per each violation in addition to the penalties allowed under 735a. OUCH
- Adds a rebuttable presumption that calls to numbers that display a Connecticut area code are to have take place in the state of Connecticut.
- Changes the allowable call time from 9 AM to 9 PM to ending one hour earlier at 8 PM.
Within 10 seconds of a telephonic sales calls a person must disclose their identity, the purpose of the call, and the identity of the entity for which such person is making the telephonic sales call. You must then ask the consumer if they wish to continue the telephonic sales call, end the telephonic sales call, or be removed from the list, think placed on an internal DNC. If a consumer states or indicates they wish to end the call you must do so within 10 seconds. Now here is a real doozy, if a consumer indicates that they do not wish to receive future calls or [request] to be removed from a list you must comply with the following:
- Inform such consumer that such consumer’s contact information will be removed from such list
- End such telephonic sales call not later than ten seconds after such consumer expresses such wish
- Refrain from making any additional telephonic sales calls to such consumer at any telephone number associated with such consumer
- Not give or sell such consumer’s name, telephone number, other contact information or personally identifying information to any other entity, or receive anything of value from any other entity in exchange for such consumer’s name, telephone number, other contact information or personally identifying information.
No calls may be placed to a consumer’s mobile telephone or mobile electronic device telephone number for the purpose of marketing, selling, or soliciting sales of consumer goods unless you have prior express written consent from the consumer to receive such calls.
The amendment also provides clarifying language throughout the statute.
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