New Jersey Statutes 56:8-128. Requirements relative to telemarketing sales calls
Attorney's Note
Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| disorderly persons offense | up to 6 months | up to $1,000 |
Terms Used In New Jersey Statutes 56:8-128
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
b. A telemarketer making a telemarketing sales call shall, within the first 30 seconds of the call, accurately identify the telemarketer’s name, the name and telephone number of the person on whose behalf the call is being made, and the purpose of the call. In addition to any other penalties provided by law, a violation of this subsection shall constitute a disorderly persons offense.
c. A telemarketer shall be required to disclose the mailing address of the telemarketer, and any company on whose behalf the company is telemarketing, on any website owned or operated by the telemarketer and on any subsequent written communication to a customer.
d. A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call to any customer between the hours of 9:00 p.m. and 8:00 a.m., local time, at the customer’s location.
e. A telemarketer shall not intentionally use any method that blocks a caller identification service from displaying caller identification information or otherwise circumvents a customer’s use of a telephone caller identification service, including, but not limited to, the use of any technology or method which displays a telephone number or name not associated with the telemarketer or intentionally designed to misrepresent the telemarketer’s identity.
f. The requirements of this section shall not apply to any telemarketer who makes a residential marketing call in response to a customer’s phone call or contact with the telemarketer’s website, in which the customer affirmatively requests a follow-up telemarketing sales call or other contact from the telemarketer.
L.2003,c.76,s.10; amended 2003, c.208, s.3; 2005, c.289; 2023, c.58.