Know Your Rights

Any Third Party Supplier (TPS) licensed by the New Jersey Board of Public Utilities (BPU) and doing business in the State of New Jersey has a continuing legal obligation to comply with all applicable requirements under State and federal law. This includes any agents, telemarketers, brokers and/or other third parties employed by Third Party Suppliers.

The Do-Not-Call Registry provided in the Federal Trade Commission Telemarketing Sales Rules  CALL REGISTRY it is “an abusive telemarketing act or practice” for a telemarketer to engage in, or for a seller to cause a telemarketer to engage in, a telephone call to a person when:

•  that person previously has stated that he or she does not wish to receive an outbound telephone call made by or on behalf of the seller whose goods or services are being offered…; or
•  that person’s telephone number is on the “do-not-call” registry, maintained by the [Federal Trade] Commission…unless the seller
  • has obtained the express agreement, in writing, of such person to place calls to that person…or
  • has an established business relationship with such person, and that person has not stated that he or she does not wish to receive outbound telephone calls.

In addition to the establishment of a national Do-Not-Call Registry, the following are Federal Trade Commission rules aimed at reducing the number of telemarketing calls to your home:

• Telemarketers are required to transmit Caller ID information and may not block their numbers.
• Telemarketers must ensure that predictive dialers abandon no more than three percent of all calls placed and answered by a person. A call will be considered "abandoned" if it is not transferred to a live sales agent within two seconds of the recipient's greeting.
• Telephone solicitation calls before 8 am or after 9 pm are prohibited.
• Anyone making a telephone solicitation must provide his/her name, the name of the entity on whose behalf the call is being made, and a telephone number or address at which you may contact that entity.
• Company-specific do-not-call lists are available to consumers who wish to avoid telemarketing calls only from specific companies.

However, please note that the federal Do-Not-Call Registry does not prevent calls from organizations that you have an established a business relationship, gave prior written permission to call you, are not commercial, whose calls do not include unsolicited advertisements, and calls made by tax-exempt non-profit organizations.

NEW JERSEY DO NOT CALL REGISTRY

Additionally, the New Jersey Do-Not-Call law is now in effect providing New Jersey residents additional protection from unsolicited and unwanted telemarketing sales calls.  Pursuant to the law, the New Jersey Division of Consumer Affairs, not the Board of Public Utilities, has authority over telemarketers.  Under the New Jersey law:

• Telemarketers may not make sales calls to New Jersey residents who are on the federal Do-Not-Call registry.
• Telemarketers who have not registered with Consumer Affairs may not call any New Jersey resident.
• Telemarketers may not call New Jersey residents between the hours of 9 p.m. and 8 a.m.
• Telemarketers may not intentionally block the use of caller identification.
• Telemarketers or sellers that carry out “any plan, program or campaign” to sell merchandise to consumers in New Jersey must register with Consumer Affairs annually and disclose certain information about their business operations and principals.
• Violators may receive penalties up to $10,000 for the first offense and up to $20,000 for each subsequent offense.
• Most telemarketing calls are covered regardless of where the telemarketer is calling from.
• Telemarketers and sellers must maintain in-house Do-Not-Call lists pertaining to “existing customers” who have said they do not want to receive sales calls from the telemarketers.
• Telemarketers, at the beginning of every sales call, must disclose the name of person making the call as well as the name of the telemarketing company, the name of person or company the telemarketer is calling on behalf of and the purpose of the call.

How to Register

Consumers can register their home and cell phone numbers in the federal Do-Not-Call Registry administered by the Federal Trade Commission for free, and the numbers will remain in the Registry until they are removed or service is discontinued.  Consumers can register on-line by going to www.donotcall.gov. To register by telephone, consumers may call 1-888-382-1222: for TTY call 1-866-290-4236. You must call from the phone number you wish to register.

If you are a New Jersey resident who has already signed up for the federal Do-Not-Call registry you need not do anything else. You’re already covered under New Jersey’s law.

How to File a Complaint

In addition to complaints alleging violations of the federal Do-Not-Call Registry, you may also file a complaint against a telemarketer who is calling for a commercial purpose (e.g., not charitable organizations) if:

• The telemarketer calls before 8 AM or after 9 PM;
• The telemarketer leaves a message, but fails to leave a phone number that you can call to sign up for their company specific do-not-call list;
• You receive a telemarketing call from a company that you have previously requested not call you;
• The telemarketing firm fails to identify itself; or
• You receive a pre-recorded commercial message from someone with whom you do not have an established business relationship and to whom you have not given permission to call you.

You can file a complaint by telephone to 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY, by fax to 1-866-418-0232, via our electronic complaint form, or mail. For the FCC to process your complaint you must either fill in the electronic form completely or otherwise indicate:

• Your name and address;
• The home phone number where you received the solicitation;
• Identification of the individual or company whose products or services were being advertised or sold, and any phone numbers included in the call;
• A description of the call;
• Any phone number provided to allow you to “opt-out” of future calls;
• Whether you or anyone else in your household gave the caller express prior permission to call;
• Whether you have an established business relationship with the caller (specifically, whether you or anyone else in your household made any purchases of property, goods, or services from the company that called, or made any inquiry or filed an application with the company prior to receiving the call).

If mailing a complaint, send it to:

Federal Communications Commission
Consumer and Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554

The New Jersey Division of Consumer Affairs, not the New Jersey Board of Public Utilities, is responsible for enforcing the New Jersey Do-Not-Call law.  You may also file a telemarketing complaint with the New Jersey Division of Consumer Affairs