New Hampshire Revised Statutes 359-E:7 – Definitions
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In this subdivision:
I. “Bureau” means the consumer protection and antitrust bureau of the office of the attorney general.
II. “Customer” means any natural person who is a resident of this state and who is or may be required to pay for or to exchange consideration for goods and services offered through telemarketing.
III. “Do-not-call list” means a list of residential telephone subscribers who have notified the list administrator of their desire not to receive telemarketing sales calls.
IV. “Doing business in this state” means conducting telephonic sales calls from a location:
(a) In this state; or
(b) Outside of this state to consumers residing in this state.
V. “Established business relationship” means an established business relationship as defined by the Federal Trade Commission Telemarketing Sales Rule, 16 C.F.R. part 310, section 310.2(n), as amended.
VI. “Goods and services” means any goods and services, and shall include any real property or any tangible personal property as well as time share estates and licenses or services of any kind.
VII. “List administrator” means the Federal Trade Commission.
VIII. “Person” means any natural person, association, partnership, firm, corporation and its affiliates or subsidiaries, or other business entity.
IX. “Telemarketer” means any person who, for financial profit or commercial purposes in connection with telemarketing, makes telemarketing sales calls to a customer when the customer is in this state or any person who directly controls or supervises the conduct of a telemarketer or causes to be made a telemarketing call on such seller’s own behalf or through a salesperson. For the purposes of this subdivision, “commercial purposes” shall mean the sale or offer for sale of goods or services.
X. “Telemarketing” means any plan, program, or campaign which is conducted to induce payment or the exchange of any other consideration for any goods or services by use of one or more telephones and which involves more than 5 telephone calls per month by a telemarketer in which the customer is located within the state at the time of the call. Telemarketing shall not include the solicitation of sales through media other than by telephone calls.
XI. “Telemarketing sales call” means a telephone call made by a telemarketer to a customer for the purpose of inducing payment or the exchange of any other consideration for any goods or services or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes. A telemarketing sales call shall not include a call made:
(a) In response to an express written or verbal request of the customer called.
(b) In connection with an established business relationship.
(c) On behalf of a nonprofit charity.
(d) [Repealed.]
(e) On behalf of a political campaign, except that a call made on behalf of a political campaign by a vendor using automatic dialing equipment shall be deemed a telemarketing sales call under this chapter.
I. “Bureau” means the consumer protection and antitrust bureau of the office of the attorney general.
Terms Used In New Hampshire Revised Statutes 359-E:7
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- month: shall mean a calendar month, and the word "year" a calendar year, unless otherwise expressed; and the word "year" shall be equivalent to the expression "year of our Lord. See New Hampshire Revised Statutes 21:8
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. “Customer” means any natural person who is a resident of this state and who is or may be required to pay for or to exchange consideration for goods and services offered through telemarketing.
III. “Do-not-call list” means a list of residential telephone subscribers who have notified the list administrator of their desire not to receive telemarketing sales calls.
IV. “Doing business in this state” means conducting telephonic sales calls from a location:
(a) In this state; or
(b) Outside of this state to consumers residing in this state.
V. “Established business relationship” means an established business relationship as defined by the Federal Trade Commission Telemarketing Sales Rule, 16 C.F.R. part 310, section 310.2(n), as amended.
VI. “Goods and services” means any goods and services, and shall include any real property or any tangible personal property as well as time share estates and licenses or services of any kind.
VII. “List administrator” means the Federal Trade Commission.
VIII. “Person” means any natural person, association, partnership, firm, corporation and its affiliates or subsidiaries, or other business entity.
IX. “Telemarketer” means any person who, for financial profit or commercial purposes in connection with telemarketing, makes telemarketing sales calls to a customer when the customer is in this state or any person who directly controls or supervises the conduct of a telemarketer or causes to be made a telemarketing call on such seller’s own behalf or through a salesperson. For the purposes of this subdivision, “commercial purposes” shall mean the sale or offer for sale of goods or services.
X. “Telemarketing” means any plan, program, or campaign which is conducted to induce payment or the exchange of any other consideration for any goods or services by use of one or more telephones and which involves more than 5 telephone calls per month by a telemarketer in which the customer is located within the state at the time of the call. Telemarketing shall not include the solicitation of sales through media other than by telephone calls.
XI. “Telemarketing sales call” means a telephone call made by a telemarketer to a customer for the purpose of inducing payment or the exchange of any other consideration for any goods or services or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes. A telemarketing sales call shall not include a call made:
(a) In response to an express written or verbal request of the customer called.
(b) In connection with an established business relationship.
(c) On behalf of a nonprofit charity.
(d) [Repealed.]
(e) On behalf of a political campaign, except that a call made on behalf of a political campaign by a vendor using automatic dialing equipment shall be deemed a telemarketing sales call under this chapter.