NEW JERSEY DO NOT CALL LIST LAW

 

The New Jersey Do not call list imposes civil and criminal penalties.

I. Do Not Call Summary

    A. Do Not Call Prohibited and Required Practices 

The law prohibits telemarketers from making calls to persons on the Do Not List.  (This page addresses the New Jersey law, not the federal one whose remedies are not as strong.).    The law also requires all telemarketers to register with the state, and to within the first 30 seconds, identify their name, and the purpose of the call. It also prohibits calls to mobile telephones.  Telephone calls after 9:00 P.M. and before 8:00 A.M are prohibited.  N.J.A.C.13:45D-4.1 (regulation)

    B. Exclusions

Not every unwanted call violates the law.  The Division of Consumer Affairs lists these exceptions:

    1. Calls made on behalf of a political party or candidate,
    2. Calls made to solicit your opinion, such as a survey.
    3. Calls made by or on behalf of a person or company from which you have been receiving continuing service, such as medical care, landscaping or telephone service. 
    4. Calls made by or on behalf of a person or company to which you owe money for goods or services.
    5. Calls made by or on behalf of a person or company with which you have a current written contract.
    6. Calls by or on behalf of a person or company to which you have given your express written permission to make telemarketing sales calls.
 

    C. Remedies

A violation of the Do not call law constitutes a violation of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1. The law provides that the victimized person obtains triple the amount of damages together with payment of attorney's fees.  Defining damage in a do not call claim may be difficult.  Damages for inconvenience of annoyance may be awarded.  The case of Bellavia Buick indicates that damages for inconvenience may be awarded in certain cases, even if pecuniary loss cannot be established.     

56:8-119. Legislative findings
a. The Legislature finds and declares that telemarketing calls:
(1) Have interrupted the public's privacy, family life and home sanctity with unsolicited phone calls
to sell products and services;
(2) Cannot be selectively ignored by recipients, since the calls are commonly made by means
which do not enable the recipient to use caller I.D. to identify, in advance, a telemarketing call or an
emergency;
(3) May arrive at inconvenient times when a resident or family member is retired for the night;
(4) May arrive when a resident or family member is having a meal and the interruption disrupts
valuable time when family members are together, where family members are more remote from a
telephone and when food may, during the interruption, cool, melt, thicken, dry, or undergo a change
in palatability;
(5) May arrive at inconvenient times when a resident or family member is engaged in
entertainment, a compelling activity or relaxation;
(6) Use a strategy called "predictive calling" which results in tens of thousands of call recipients
rushing to answer phone calls, to find no one is on the line. This results in great aggravation and
inconvenience to the public, merely to spare telemarketers (who won't identify themselves as the
source of the aggravation) the inconvenience of finding no one home;
(7) Have been made to wireless phone lines resulting in cost to the recipient, and in some cases,
endangering the recipient's safety when they may have been driving;
(8) Have been increasing in number, causing increased inconvenience, widespread public outrage
and urgent appeals to protect the public from such calls;
(9) Are not the only means for marketers to promote their product or services to prospective
customers, although marketers often claim it to be more economical and more productive than
other means to provide the benefits of increased competition. Marketers have available mail,
email, face to face personal solicitation and various forms of advertising;
(10) Are in some cases beyond the regulatory jurisdiction of this Legislature and any New Jersey
statute, because they are forms of speech protected by State and federal constitutional case law.
b. The Legislature further declares it to be the policy of this State to provide the broadest possible
protection to protect public privacy and the sanctity of homes and to protect families and individuals
from unsolicited interruptions.
c. It is not the intent of the State to restrict telemarketing activity where such activity is protected by
State and federal case law, where such restriction is prohibited by State and federal constitutional
case law or to restrict purely charitable activities.
 

56:8-120. Definitions
As used in this act:
"Customer" means an individual who is a resident of this State and a prospective recipient of a
telemarketing sales call.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and
Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Local exchange telephone company" means a telecommunications carrier authorized by the Board
of Public Utilities to provide local telecommunications services.
"Merchandise" means merchandise as defined in subsection (c) of section 1 of P.L.1960, c. 39
(C.56:8-1),including an extension of credit.
"No telemarketing call list" or "no call list" means a list of telephone numbers of customers in this
State who desire not to receive unsolicited telemarketing sales calls.
"Telemarketer" means any entity, whether an individual proprietor, corporation, partnership, limited
liability corporation or any other form of business organization, whether on behalf of itself or others,
who makes residential 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.
"Telemarketing" means any plan, program or campaign which is conducted by telephone to
encourage the purchase or rental of, or investment in, merchandise, but does not include the
solicitation of sales through media other than a telephone call.
"Telemarketing sales call" means a telephone call made by a telemarketer to a customer as part of
a plan, program or campaign to encourage the purchase or rental of, or investment in,
merchandise, except for continuing services. A telephone call made to an existing customer for the
sole purpose of collecting on accounts or following up on contractual obligations shall not be
deemed a telemarketing sales call.
"Unsolicited telemarketing sales call" means any telemarketing sales call other than a call made:
(1) in response to an express written request of the customer called; or
(2) to an existing customer, which shall include the ability to collect on accounts and follow up on
contractual obligations, unless the customer has stated to the telemarketer that the customer no
longer desires to receive the telemarketing sales calls of the telemarketer.
 

56:8-121. Registration requirements for making telemarketing sales calls
a. A person shall not make or cause to be made, or attempt to make or cause to be made, an
unsolicited telemarketing sales call to a customer in the State of New Jersey unless that person is
registered with or employed by a person who is registered with the Division of Consumer Affairs in
the Department of Law and Public Safety in accordance with the provisions of this act.
b. Every telemarketer, including telemarketers whose residence or principal place of business is
located outside of this State, shall annually register with the director. Application for registration
shall be on a form provided by the director and shall include the name and address of the applicant
and any other information which the director shall prescribe by rule. The application shall be
accompanied by a reasonable fee, set by the director in an amount sufficient to defray the division's
expenses incurred in administering and enforcing this act.
 

56:8-122. Filing of disclosure statements; suspension; right to hearing
In addition to any other procedure, condition or information required by this act:
a. Every applicant for registration shall file a disclosure statement with the director stating whether
the applicant has been convicted of any crime, which for the purposes of this act shall mean a
violation of any of the following provisions of the "New Jersey Code of Criminal Justice," Title 2C of
the New Jersey Statutes, or the equivalent under the laws of any other jurisdiction:
(1) Any crime of the first degree;
(2) Any crime which is a second or third degree crime and is a violation of chapter 20 or 21 of Title
2C of the New Jersey Statutes; or
(3) Any other crime which is a violation of N.J.S.2C:5-1, N.J.S.2C:5-2, N.J.S.2C:12-3, N.J.S.2C:15-
1, N.J.S.2C:18-2, N.J.S.2C:20-4, N.J.S.2C:20-5, N. J.S.2C:20-7, N.J.S.2C:20-9, N.J.S.2C:21-1,
N.J.S.2C:21-2, section 1 of P.L.1983, c. 565 (C.2C:21-2.1), section 2 of P.L.1997, c. 385 (C.2C:21-
2.3), N.J.S.2C:21-3, N.J.S.2C:21-4, N.J.S.2C:21-5, N.J.S.2C:21-6, N.J.S.2C:21-7, N.J.S.2C:21-9
through N.J.S.2C:21-17, N.J.S.2C:21-19, or section 3 of P.L.1994, c. 121 (C.2C:21-25), chapter 27
or 28 of Title 2C of the New Jersey Statutes, N. J.S.2C:30-2, or N.J.S.2C:30-3.
b. Each disclosure statement may be reviewed and used by the director as grounds for denying,
suspending or revoking registration, except that in cases in which the provisions of P.L.1968, c. 282
(C.2A:168A-1 et seq.) apply, the director shall comply with the requirements of that act.
c. An applicant whose registration is denied, suspended or revoked pursuant to this section shall,
upon a written request transmitted to the director within 30 calendar days of that action, be afforded
an opportunity for a hearing in a manner provided for contested cases pursuant to the
"Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.).
d. An applicant shall have the continuing duty to provide any assistance or information requested
by the director, and to cooperate in any inquiry, investigation or hearing conducted by the director.
e. If any of the information required to be included in the disclosure statement changes, or if
additional information should be added after the filing of the statement, the applicant shall provide
that information to the director, in writing, within 30 calendar days of the change or addition.
 

56:8-123. Refusal, revocation and suspension of registration
a. The director may refuse to issue or renew, and may revoke, any registration for failure to comply
with, or violation of, the provisions of this act or any regulation promulgated pursuant to this act. A
refusal or revocation shall not be made except upon reasonable notice to, and opportunity to be
heard by, the applicant or registrant.
b. The director, in lieu of revoking a registration, may suspend the registration for a reasonable
period of time, or assess a penalty in lieu of suspension, or both, and may issue a new registration,
notwithstanding the revocation of a prior registration, if the applicant is found to have become
entitled to the new registration.
 

56:8-124. Registration numbers; property of the State
a. Any registration number issued by the director shall remain the property of the State and shall
be immediately returned to the director upon its suspension, non-renewal or revocation pursuant to
this act.
b. The issuance of a registration to an applicant who is a nonresident of this State shall be deemed
to be the applicant's irrevocable consent that service of process in any action or proceeding may be
made upon the applicant by service upon the director.
 

56:8-125. Reporting material changes
Any material change in any information filed with the director pursuant to this act shall be reported
in writing to the director within 30 business days of the change.
 

56:8-126. Bond requirements
a. The director may establish that any person required to be registered pursuant to this act maintain
a bond issued by a surety authorized to transact business in this State. The principal sum of the
bond shall not be less than $25,000, which amount the director may adjust by regulation. The bond
shall be filed or deposited with the director for the use of any person who is damaged or suffers any
loss for any violation of this act. Any person claiming against the bond may maintain an action at
law against the surety or director, as the case may be. The aggregate liability of the surety or
director to all persons for all breaches of the conditions of the bond held by the director shall not
exceed the amount of the bond held by the director.
b. The director may also establish that any person required to be registered pursuant to this act file
a copy of the bond with the director and a certificate by the surety that the surety will notify the
director at least 10 days in advance of the date of any cancellation or material change in the bond.
 

56:8-127. Requirements for establishing and maintaining no call lists
The division shall establish and maintain a no telemarketing call list and may utilize for this
purpose, in any manner the director deems appropriate, the national do-not-call registry as
maintained by the Federal Trade Commission. The division may contract with a private vendor to
establish and maintain the no call list, provided:
a. the private vendor meets standards established by the division by regulations that require that
the vendor:
(1) is financially sound;
(2) has the capacity to perform the service required;
(3) has a record of past performance; and
(4) does not have a conflict of interest with a telemarketer or an association thereof; and
b. the contract requires the vendor to provide the list in a printed hard copy format, and in any other
format, as prescribed by the division.


56:8-128. Guidelines for telemarketing sales calls
a. No telemarketer shall make or cause to be made any unsolicited telemarketing sales call to any
customer whose telephone number is included on the no telemarketing call list
established
pursuant to section 9 of this act , except for a call made within three months of the date the
customer's telephone number was first included on the no call list but only if the telemarketer had at
the time of the call not yet obtained a no call list which included the customer's telephone number
and the no call list used by the telemarketer was issued less than three months prior to the time the
call was made.
b. A telemarketer making a telemarketing sales call shall, within the first 30 seconds of the call,
identify the telemarketer's name, the person on whose behalf the call is being made, and the
purpose of the call.

c. A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call to
any customer between the hours of 9 p.m. and 8 a.m., local time, at the customer's location.
d. 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.


56:8-129. Placement on no call list
a. A customer who desires to be included on the no telemarketing call list shall notify the division
by calling a toll-free number provided or denominated by the division, or in any other manner and at
a time prescribed by the division. A customer who is included on the no call list shall be removed
from the no call list upon the customer's written request. The no call list shall be updated not less
than quarterly and the division shall, if the no call list is not readily accessible through other means,
make the no call list available to registered telemarketers for a fee that the division shall prescribe.
b. A local exchange telephone company shall include, in every telephone directory published after
the effective date of this act, notice concerning the provisions of this act as those provisions relate
to the rights of customers with respect to telemarketers and the no telemarketing call list. A local
exchange telephone company shall also enclose, at least semiannually, in every telephone bill, a
notice concerning the provisions of this act as those provisions relate to the rights of customers
with respect to telemarketers and the no telemarketing call list.


56:8-130. Telemarketing calls to commercial mobile service devices
a. No telemarketer shall make or cause to be made any telemarketing sales call to a commercial
mobile service device of any customer
, except that a telemarketer that is a commercial mobile
services company may call its customer using its commercial mobile services if its customer will not
incur telecommunication charges or a usage allocation deduction as a result of such call and the
call is directly related to the commercial mobile services of the commercial mobile services
company, unless the customer has stated to the commercial mobile services company that the
customer no longer desires to receive these calls.
b. For purposes of this section, "commercial mobile service" means a type of mobile
telecommunications service as defined in subsection (d) of section 332 of the Communications Act
of 1934 (47 U.S.C. s.332(d)); and "commercial mobile service device" means any equipment used
for the purpose of providing commercial mobile service.
c. The provisions of this section shall apply to those numbers for commercial mobile service
devices which the division is able to distinguish from numbers for devices for telecommunications
service as defined in section 2 of P.L.1991, c. 428 (C.48:2-21.17) on the 30th day following
certification of such to the Governor and the Legislature.
56:8-131. Construction with other laws
Nothing in this act shall be construed to restrict any right which a person may have under any other
statute or at common law.
56:8-132. Violations
A violation of any provision of this act shall be an unlawful practice subject to the penalties
applicable pursuant to section 1 of P.L.1966, c.39 (C.56:8-13) and section 2 of P.L.1999, c.129
(C.56:8-14.3), except that a person may not be held liable for violating this act if:
a. the person has obtained a copy of, and updated quarterly, the no call list and has established
and implemented written policies and procedures related to the requirements of this act;
b. the person has trained telemarketers in the person's employ in the requirements of this act;
c. the person maintains records demonstrating compliance with subsections a. and b. of this
section and the requirements of this act; and
d. any unsolicited telemarketing sales call is an isolated call made no more than one time in a 12-
month period.
56:8-133. Consumer Protection Fund
There is hereby established in the General Fund a special dedicated, non- lapsing fund to be
known as the "Consumer Protection Fund," which shall be administered by the State Treasurer.
The State Treasurer shall deposit into the "Consumer Protection Fund" all fees and penalties
collected pursuant to this act.
The Legislature shall annually appropriate from the fund monies to the division for the payment of
costs of producing and distributing educational materials and conducting educational activities
relating to the promotion of the no telemarketing call list and all related costs and expenditures
incurred in the administration of this act.
56:8-134. Rules and regulations
The division, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c. 410
(C.52:14B-1 et seq.), shall promulgate rules and regulations necessary to implement this act, which
shall include, but not be limited to:
a. provisions governing the availability and distribution of the no call list established pursuant to
section 9 of this act;
b. any other matters relating to the no call list established pursuant to section 9 of this act that the
division deems necessary; and
c. such procedures as may be most effective to ensure that the no call list is up-to-date and
accurately reflects the telephone numbers of persons wishing to be on the no call list and
procedures to identify telephone numbers that have been reallocated to persons other than those
who have indicated that they wish to be on the no call list. Such procedures may include, but not
be limited to, establishing a means of matching the no call list with the names and numbers of
persons with current listings supplied by the local exchange telephone companies, or establishing a
requirement for re-enrollment to the list from time to time.
56:8-135. Records
Information submitted to the division by a customer pursuant to the provisions of this act shall not
be a government record under P.L.1963, c. 73 (C.47:1A-1 et seq.) or the common law concerning
access to government records except as provided in this act

    

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New Jersey do not call list regulations