§ 42-288a — Telephonic sales calls. “No sales solicitation calls” listing and “National Do Not Call Registry”. Prohibited acts. Disclosures. Exceptions. Regulations. Penalties.

Connecticut § 42-288a

• Jurisdiction: Connecticut
• Title 42: Business, Selling, Trading and Collection Practices
• Ch. 743m: Telemarketing

Text

(a) The department shall establish and maintain a “no sales solicitation calls” listing of consumers who do not wish to receive telephonic sales calls. Such listing shall be identical to the National Do Not Call Registry. The department may contract with a private vendor to establish and maintain such listing, provided (1) the private vendor has maintained national “no sales solicitation calls” listings for more than two years, and (2) the contract requires the vendor to provide the “no sales solicitation calls” listing in a printed hard copy format and in any other format offered at a cost that does not exceed the production cost of the format offered. The department shall provide notice to consumers of the establishment of a “no sales solicitation calls” listing. Any consumer who wishes to be included on such listing shall notify the department by calling a toll-free number provided by the department, or in any other such manner and at such times as the commissioner may prescribe. A consumer on such listing shall be deleted from such listing upon the consumer's written request. The department shall update such listing not less than quarterly and shall make such listing available to telemarketers and other persons upon request. (b) Any violation of the provisions of 47 USC 227, 16 CFR 310 or 47 CFR 64.1200, as amended from time to time, which provide that a telemarketer shall not call a consumer whose name and telephone number appear on the National Do Not Call Registry or who has specifically requested not to receive calls from a particular entity, shall constitute a violation of sections 42-284 to 42-288b , inclusive. (c) A telephonic sales call that is made to any consumer residential, mobile or telephonic paging device telephone number that is not otherwise prohibited by this section shall be limited to being conducted between the hours of nine o'clock a.m. and eight o'clock p.m. local time. (d) Any person, including, but not limited to, any telemarketer, making a telephonic sales call to a consumer's residential, mobile or telephonic paging device telephone number that is not otherwise prohibited by this section shall disclose such person's identity, the purpose of such telephonic sales call and the identity of the entity for which such person is making such telephonic sales call, if any, not later than ten seconds after such telephonic sales call begins. (e) Any person, including, but not limited to, any telemarketer, making a telephonic sales call shall, at the beginning of such telephonic sales call, ask the consumer whether such consumer wishes to continue such telephonic sales call, end such telephonic sales call or be removed from such person's list. (f) Any person, including, but not limited to, any telemarketer, shall end a telephonic sales call not later than ten seconds after the consumer states or otherwise indicates that such consumer wishes to end such telephonic sales call. (g) If a consumer informs a person, including, but not limited to, a telemarketer, at any point during a telephonic sales call that the consumer does not wish to receive future telephonic sales calls or wishes to be removed from such person's list, such person shall: (1) Inform such consumer that such consumer's contact information will be removed from such list; (2) end such telephonic sales call not later than ten seconds after such consumer expresses such wish; (3) refrain from making any additional telephonic sales calls to such consumer at any telephone number associated with such consumer; and (4) not give or sell such consumer's name, telephone number, other contact information or personally identifying information to any other entity, or receive anything of value from any other entity in exchange for such consumer's name, telephone number, other contact information or personally identifying information. (h) No telemarketer may cause to be installed or use any blocking device or service to circumvent a consumer's use of a caller identification service or device. No telemarketer may intentionally transmit inaccurate or misleading caller identification information. (i) (1) Any person who obtains the name, residential address or telephone number of any consumer from published telephone directories or from any other source and republishes or compiles such information, electronically or otherwise, and sells or offers to sell such publication or compilation to telemarketers for marketing or sales solicitation purposes, shall exclude from any such publication or compilation, and from the database used to prepare such publication or compilation, the name, address and telephone number or numbers of any consumer if the consumer's name and telephone number or numbers appear on the National Do Not Call Registry. (2) This subsection does not apply to (A) any telephone company, as defined in section 16-1 , for the sole purpose of compiling, publishing or distributing telephone directories or causing the compilation, publication or distribution of telephone directories or providing directory assistance, and (B) any person, for the sole purpose of compiling, publishing or distributing telephone directories for such telephone company pursuant to an agreement or other arrangement with such telephone company. (j) The commissioner may adopt regulations, in accordance with chapter 54, to carry out the provisions of this section. Such regulations may include, but shall not be limited to, provisions governing the availability and distribution of the listing established under subsection (a) of this section and notice requirements for consumers wishing to be included on the listing established under subsection (a) of this section consistent with information on the National Do Not Call Registry. (k) A violation of any of the provisions of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b . (l) No telemarketer may make, or cause to be made, a telephonic sales call to a consumer without such consumer's prior express written consent. (m) In addition to the requirements established in subsections (a) to (l), inclusive, of this section, if a consumer's mobile telephone or mobile electronic device telephone number does not appear on the then current quarterly “no sales solicitation calls” listing made available by the department pursuant to subsection (a) of this section, no telemarketer may make, or cause to be made, a telephonic sales call for the purpose of a marketing or sales solicitation of consumer goods or services unless the telemarketer has received prior express written consent from the consumer to receive such call. (n) Notwithstanding the provisions of subsections (b) to (i), inclusive, of this section, a telecommunications company may make a telephonic sales call to an existing customer, provided (1) such telecommunications company does not charge such customer, and (2) such telephonic sales call is made primarily in connection with (A) an existing debt, payment of which has not been completed at the time such telephonic sales call is made, (B) an existing contract between the telecommunications company and such customer, (C) a wireless emergency alert authorized by federal law, or (D) a prior request for customer service that was initiated by such customer. (o) In addition to any penalty imposed under chapter 735a, any person, including, but not limited to, any telemarketer, who is liable under the provisions of subsections (a) to (n), inclusive, of this section shall be fined not more than twenty thousand dollars for each violation.

Legislative History

(P.A. 00-118, S. 1, 3; P.A. 01-195, S. 97, 181; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 10-52, S. 1; P.A. 12-79, S. 1; P.A. 14-53, S. 1; P.A. 23-98, S. 13; P.A. 24-75, S. 2.) History: P.A. 00-118 effective January 1, 2001; P.A. 01-195 made a technical change in Subsec. (c), effective July 11, 2001; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 10-52 added Subsec. (h) re fine of not more than $11,000 per violation, effective January 1, 2011; P.A. 12-79 amended Subsec. (d) by adding prohibition re telephone solicitors intentionally transmitting inaccurate or misleading caller identification information; P.A. 14-53 amended Subsec. (a) to add reference to Sec. 42-288b, add new Subdiv. (6) re definition of “prior express written consent”, redesignate existing Subdivs. (6) to (10) as Subdivs. (7) to (9), (11) and (12), respectively, and amend same to redefine “marketing or sales solicitation”, “telephonic sales call”, “telephone solicitor”, “unsolicited telephonic sales call” and “caller identification service or device” and add new Subdiv. (10) re definition of “text or media message”, amended Subsec. (c)(2) to add prohibition re text or media messages received at any time and make a conforming change, made technical changes in Subsecs. (d), (f) and (g), added new Subsec. (h) re prohibition of unsolicited, automatically dialed, recorded telephonic sales calls, added Subsec. (i) re prior express written consent of consumer for text or media message, added Subsec. (j) re telecommunications company exception, and redesignated existing Subsec. (h) as Subsec. (k) and amended same to increase fine from $11,000 to $20,000 per violation and make a conforming change; P.A. 23-98 substantially amended section including by deleting former Subsec. (a) defining various terms, redesignating existing Subsecs. (b), (d), (e), (f), (g), (h), (j) and (k) as Subsecs. (a), (h), (i), (j), (k), (l), (n) and (o), respectively, deleting former Subsecs. (c) and (i) re unsolicited telephonic sales calls and text or media messages, respectively, adding provisions re National Do Not Call Registry in Subsecs. (a), (i)(1) and (j), adding new Subsec. (b) re violations of 47 USC 227, 16 CFR 310 and 47 CFR 64.1200, as amended from time to time, adding new Subsec. (c) re permissible hours, adding new Subsec. (d) requiring disclosures re identity of caller and purpose of telephonic sales call, adding new Subsec. (e) requiring inquiry re consumer's desire to continue telephonic sales call, end telephonic sales call or be removed from list, adding new Subsec. (f) re ending telephonic sales call, adding new Subsec. (g) re removal of consumer from list, deleting 2 occurrences of “intentionally” from Subsec. (h), deleting exceptions from penalty established in Subsec. (k), adding Subsec. (m) re requirement for consumer's prior express written consent and making technical and conforming changes throughout; P.A. 24-75 amended Subsec. (m) to change “a call for the purpose of marketing, selling or soliciting sales of consumer goods” to “a telephonic sales call for the purpose of a marketing or sales solicitation of consumer goods or services”.