Telemarketing

Telemarketing

Federal
U.S. Federal Trade Commission
600 Pennsylvania Ave, NW
Washington , DC   20580
(202)326-3553
(877)382-4357
Fax: (202)326-3197
The FTC’s Telemarketing Sales Rule requires certain disclosures and prohibits misrepresentations.

Link:  http://www.ftc.gov/bcp/menu-tmark.htm

The Rule covers most types of telemarketing calls to consumers, including calls to pitch goods, services, “sweepstakes,” and prize promotion and investment opportunities. It also applies to calls consumers make in response to postcards or other materials received in the mail.
The Rule does not cover the following situations: Calls placed by consumers in response to general media advertising (except calls responding to ads for investment opportunities, credit repair services, recovery room services, or advance-fee loans). Calls placed by consumers in response to direct mail advertising that discloses all the material information required by the Rule (except calls responding to ads for investment opportunities, prize promotions, credit repair services, recovery room services, or advance-fee loans). Catalog sales. Calls that are initiated by the consumer that are not made in response to any solicitation. Sales that are not completed, and payment or authorization for payment is not required, until there is a face-to-face sales presentation. Calls from one business to another unless nondurable office or cleaning supplies are being offered. Sales of pay-per-call services and sales of franchises. These are covered by other FTC rules.
State
Colorado Department of Regulatory Agencies
Public Utilities Commission
1580 Logan Street, Office Level 2
Denver , CO   80203
(303)894-2000
(800)888-0170
Fax: (303)894-2006
COLORADO NO-CALL LIST: Persons or entities that want to make residential, wireless, or fax telephone number(s) solicitations to Colorado residents must register and pay an annual fee in order to access the database of telephone numbers and zip codes contained in the Colorado No-Call List database. Registration is required even if your company intends to use a list service (sometimes referred to as a “conforming list broker”) that purports to comply with the Colorado No Call List. (6-1-901 thru 908, C.R.S.)

Link:  http://www.coloradonocall.com/

Registration fees vary depending upon the size of the company and are adjusted annually. Nonprofit organizations and “conforming list brokers” may register and receive the No-Call List at no cost.
The Attorney General’s office has jurisdiction to enforce the Colorado No-Call Law when a business has repeatedly violated the No-Call Law.
Consumers registered on the Colorado No-Call List are automatically also registered with the national Do Not Call registry.

Link:  http://www.ftc.gov/bcp/conline/pubs/alerts/dncbizalrt.htm

State
Colorado Department of Law
Consumer Protection
1525 Sherman St, 5th Fl.
Denver , CO   80203
(303)866-4500
Fax: (303)866-5691
The Colorado Consumer Protection Act requires commercial telephone sellers to register if located in Colorado or soliciting purchasers in Colorado even if located in another state. (6-1-301 to 306, C.R.S.)

Link:  http://www.ago.state.co.us/consprot/consumerlaws/CCPA2005.pdf

Original Filing Fee $200. Renewal Fee $100
Charitable institutions are exempt but still must notify the Consumer Protection Division regarding their activity. There are additional exemptions; call for more information.
Colorado law prohibits the use of automated or computerized dialing system for telemarketing solicitations. (18-9-311 C.R.S.)
FAX SOLICITATION: The Colorado Consumer Protection Act requires that facsimile solicitations of consumers must include in the message a toll-free telephone number that a recipient may use to notify the sender not to transmit to the recipient any further unsolicited transmissions, unless there is an existing business relationship between the seller and the consumer at the time of the solicitation, or if the facsimile transmission was requested or initiated by the consumer. It is also unlawful to sell a consumer’s fax number without either giving notice to the consumer that the number could be sold to other persons or without allowing the consumer the option of preventing the sale of the consumer’s number to others. (6-1-702, C.R.S.)

NOTE:  See also MAIL ORDER / ONLINE SALES regarding the FTC’s “30-day Rule” for shipping.
NOTE:  See also UNSOLICITED E-MAIL

Telemarketing

|
Federal
U.S. Federal Trade Commission
600 Pennsylvania Ave, NW
Washington , DC   20580
(202)326-3553
(877)382-4357
Fax: (202)326-3197
The FTC’s Telemarketing Sales Rule requires certain disclosures and prohibits misrepresentations.

Link:  http://www.ftc.gov/bcp/menu-tmark.htm

The Rule covers most types of telemarketing calls to consumers, including calls to pitch goods, services, “sweepstakes,” and prize promotion and investment opportunities. It also applies to calls consumers make in response to postcards or other materials received in the mail.
The Rule does not cover the following situations: Calls placed by consumers in response to general media advertising (except calls responding to ads for investment opportunities, credit repair services, recovery room services, or advance-fee loans). Calls placed by consumers in response to direct mail advertising that discloses all the material information required by the Rule (except calls responding to ads for investment opportunities, prize promotions, credit repair services, recovery room services, or advance-fee loans). Catalog sales. Calls that are initiated by the consumer that are not made in response to any solicitation. Sales that are not completed, and payment or authorization for payment is not required, until there is a face-to-face sales presentation. Calls from one business to another unless nondurable office or cleaning supplies are being offered. Sales of pay-per-call services and sales of franchises. These are covered by other FTC rules.
State
Colorado Department of Regulatory Agencies
Public Utilities Commission
1580 Logan Street, Office Level 2
Denver , CO   80203
(303)894-2000
(800)888-0170
Fax: (303)894-2006
COLORADO NO-CALL LIST: Persons or entities that want to make residential, wireless, or fax telephone number(s) solicitations to Colorado residents must register and pay an annual fee in order to access the database of telephone numbers and zip codes contained in the Colorado No-Call List database. Registration is required even if your company intends to use a list service (sometimes referred to as a “conforming list broker”) that purports to comply with the Colorado No Call List. (6-1-901 thru 908, C.R.S.)

Link:  http://www.coloradonocall.com/

Registration fees vary depending upon the size of the company and are adjusted annually. Nonprofit organizations and “conforming list brokers” may register and receive the No-Call List at no cost.
The Attorney General’s office has jurisdiction to enforce the Colorado No-Call Law when a business has repeatedly violated the No-Call Law.
Consumers registered on the Colorado No-Call List are automatically also registered with the national Do Not Call registry.

Link:  http://www.ftc.gov/bcp/conline/pubs/alerts/dncbizalrt.htm

State
Colorado Department of Law
Consumer Protection
1525 Sherman St, 5th Fl.
Denver , CO   80203
(303)866-4500
Fax: (303)866-5691
The Colorado Consumer Protection Act requires commercial telephone sellers to register if located in Colorado or soliciting purchasers in Colorado even if located in another state. (6-1-301 to 306, C.R.S.)

Link:  http://www.ago.state.co.us/consprot/consumerlaws/CCPA2005.pdf

Original Filing Fee $200. Renewal Fee $100
Charitable institutions are exempt but still must notify the Consumer Protection Division regarding their activity. There are additional exemptions; call for more information.
Colorado law prohibits the use of automated or computerized dialing system for telemarketing solicitations. (18-9-311 C.R.S.)
FAX SOLICITATION: The Colorado Consumer Protection Act requires that facsimile solicitations of consumers must include in the message a toll-free telephone number that a recipient may use to notify the sender not to transmit to the recipient any further unsolicited transmissions, unless there is an existing business relationship between the seller and the consumer at the time of the solicitation, or if the facsimile transmission was requested or initiated by the consumer. It is also unlawful to sell a consumer’s fax number without either giving notice to the consumer that the number could be sold to other persons or without allowing the consumer the option of preventing the sale of the consumer’s number to others. (6-1-702, C.R.S.)

NOTE:  See also MAIL ORDER / ONLINE SALES regarding the FTC’s “30-day Rule” for shipping.
NOTE:  See also UNSOLICITED E-MAIL
Colorado Office of Economic Development and International Trade (303) 892-3840 oedit.info@state.co.us
Colorado Office of Economic Development and International Trade (303) 892-3840 oedit.info@state.co.us
Colorado Office of Economic Development and International Trade (303) 892-3840 oedit.info@state.co.us
Colorado Office of Economic Development and International Trade (303) 892-3840 oedit.info@state.co.us