Adopted Amendments:  N.J.A.C. 13:45D-1.3, 1.4, 3.2 and 3.10

Telemarketing: Do Not Call

Proposed: December 3, 2007 at 39 N.J.R. 5057(a).
Adopted: April 11, 2008 by Lawrence DeMarzo, Acting Director, New Jersey Division of Consumer Affairs.
Filed: April 29, 2008 as R.2008 d.136, without change.
Authority: N.J.S.A. 56:8-4.
Effective Date: June 2, 2008.
Expiration Date: May 17, 2009.

Federal Standards Statement

A Federal standards analysis is not required because the adopted amendments are not subject to any Federal standards or requirements.

Full text of the adoption follows:

SUBCHAPTER 1.    GENERAL PROVISIONS

13:45D-1.3  Definitions

The following words and terms, as used in this chapter, shall have the following meanings, unless their context clearly indicates otherwise:

. . .

"Simultaneous outgoing call capacity" means the number of outgoing telephone calls that a telemarketer has the technological capability to make at the same time, whether or not the telemarketer has the personnel to actually make the calls.

. . .

13:45D-1.4  Fees; no telemarketing call list

(a) The Division shall charge the following telemarketer registration fees:

1. Simultaneous outgoing call capacity of one to five telemarketing sales calls     $ 150.00;

2. Simultaneous outgoing call capacity of six to 15 telemarketing sales calls        $ 500.00;

3. Simultaneous outgoing call capacity of 16 or more telemarketing sales calls     $ 2,000.

(b) (No change.)

SUBCHAPTER 3.    TELEMARKETER REGISTRATION

13:45D-3.2  Application

(a) Each telemarketer shall annually register with the Division by submitting the following, on forms provided by the Director:

1.-5. (No change.)

6. The telemarketer's simultaneous outgoing call capacity;

Recodify existing 6.-8. as 7.-9. (No change in text.)

13:45D-3.10  Recordkeeping requirements

(a) Each registered telemarketer shall maintain the following information:

1.-4. (No change.)

5. All phone records and contracts associated with the telephone lines, channels, or other technology used for telemarketing calls;

6.-11. (No change.)

(b)-(d) (No change.)