Code of Federal Regulations
Subpart L--Restrictions on Telephone Solicitation
§ 64.1200 Delivery Restrictions.
(a) No person may
(1) Initiate any telephone call (other than a call made for
emergency purposes or made with the prior express consent of the
called party) using an automatic telephone dialing system or an
artificial or prerecorded voice,
(i) to any emergency telephone line, including any 911 line
and any emergency line of a hospital, medical physician or service
office, health care facility, poison control center, or fire
protection or law enforcement agency;
(ii) To the telephone line of any guest room or patient room
of a hospital, health care facility, elderly home, or similar
(iii) To any telephone number assigned to a paging service,
cellular telephone service, specialized mobile radio service,
or other radio common carrier service, or any service for which
the called party is charged for the call;
(2) Initiate any telephone call to any residential telephone
line using an artificial or prerecorded voice to deliver a message
without the prior express consent of the called party, unless
the call is initiated for emergency purposes or is exempted by
(3) Use a telephone facsimile machine, computer, or other device
to send an unsolicited advertisement to a telephone facsimile
(4) Use an automatic telephone dialing system in such a way
that two or more telephone lines of a multi-line business are
(b) For the purpose of § 64.1200(a) the term "emergency
purposes" means calls made necessary in any situation affecting
the health and safety of consumers.
(c) The term "telephone call" in § 64.1200(a)(2)
shall not include a call or message by, or on behalf of, a caller:
(1) that is not made for a commercial purpose,
(2) that is made for a commercial purpose but does not include
the transmission of any unsolicited advertisement,
(3) to any person with whom the caller has an established business
relationship at the time the call is made, or
(4) which is a tax-exempt nonprofit organization.
(d) All artificial or prerecorded telephone messages delivered
by an automatic telephone dialing system shall:
(1) At the beginning of the message, state clearly the identity
of the business, individual, or other entity initiating the call,
(2) During or after the message, state clearly the telephone
number (other than that of the autodialer or prerecorded message
player which placed the call) or address of such business, other
entity, or individual.
(e) No person or entity shall initiate any telephone solicitation
to a residential telephone subscriber
(1) before the hour of 8 A.M. or after 9 P.M. (local time at
the called party's location), and
(2) unless such person or entity has instituted procedures for
maintaining a list of persons who do not wish to receive telephone
solicitations made by or on behalf of that person or entity. The
procedures instituted must meet the following minimum standards:
(i) Written policy. Persons or entities making telephone solicitations
must have a written policy, available upon demand, for maintaining
a do-not-call list.
(ii) Training of personnel engaged in telephone solicitation.
Personnel engaged in any aspect of telephone solicitation must
be informed and trained in the existence and use of the do-not-call
(iii) Recording, disclosure of do-not-call requests. If a
person or entity making a telephone solicitation (or on whose
behalf a solicitation is made) receives a request from a residential
telephone subscriber not to receive calls from that person or
entity, the person or entity must record the request and place
the subscriber's name and telephone number on the do-not-call
list at the time the request is made. If such requests are recorded
or maintained by a party other than the person or entity on
whose behalf the solicitation is made, the person or entity
on whose behalf the solicitation is made will be liable for
any failures to honor the do-not-call request. In order to protect
the consumer's privacy, persons or entities must obtain a consumer's
prior express consent to share or forward the consumer's request
not to be called to a party other than the person or entity
on whose behalf a solicitation is made or an affiliated entity.
(iv) Identification of telephone solicitor. A person or entity
making a telephone solicitation must provide the called party
with the name of the individual caller, the name of the person
or entity on whose behalf the call is being made, and a telephone
number or address at which the person or entity may be contacted.
If a person or entity makes a solicitation using an artificial
or prerecorded voice message transmitted by an autodialer, the
person or entity must provide a telephone number other than
that of the autodialer or prerecorded message player which placed
(v) Affiliated persons or entities. In the absence of a specific
request by the subscriber to the contrary, a residential subscriber's
do-not-call request shall apply to the particular business entity
making the call (or on whose behalf a call is made), and will
not apply to affiliated entities unless the consumer reasonably
would expect them to be included given the identification of
the caller and the product being advertised.
(vi) Maintenance of do-not-call lists. A person or entity
making telephone solicitations must maintain a do-not-call list
for the purpose of any future telephone solicitations.
(f) As used in this section:
(1) The terms "automatic telephone dialing system"
and "autodialer" mean equipment which has the capacity
to store or produce telephone numbers to be called using a random
or sequential number generator and to dial such numbers.
(2) The term "telephone facsimile machine" means equipment
which has the capacity to transcribe text or images, or both,
from paper into an electronic signal and to transmit that signal
over a regular telephone line, or to transcribe text or images
(or both) from an electronic signal received over a regular telephone
line onto paper.
(3) The term "telephone solicitation" means the initiation
of a telephone call or message for the purpose of encouraging
the purchase or rental of, or investment in, property, goods,
or services, which is transmitted to any person, but such term
does not include a call or message (i) to any person with that
person's prior express invitation or permission, (ii) to any person
with whom the caller has an established business relationship,
or (iii) by a tax-exempt nonprofit organization.
(4) The term "established business relationship" means
a prior or existing relationship formed by a voluntary two-way
communication between a person or entity and a residential subscriber
with or without an exchange of consideration, on the basis of
an inquiry, application, purchase or transaction by the residential
subscriber regarding products or services offered by such person
or entity, which relationship has not been previously terminated
by either party.
(5) The term "unsolicited advertisement" means any
material advertising the commercial availability or quality of
any property, goods, or services which is transmitted to any person
without that person's prior express invitation or permission.