In this chapter, the term “telemarketing or email marketing”—
means a plan, program, promotion, or campaign that is conducted to induce—
purchases of goods or services;
participation in a contest or sweepstakes;
a charitable contribution, donation, or gift of money or any other thing of value;
investment for financial profit;
participation in a business opportunity;
commitment to a loan; or
participation in a fraudulent medical study, research study, or pilot study,
by use of one or more interstate telephone calls, emails, text messages, or electronic instant messages initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant or charitable contributor, donor, or investor; and
does not include the solicitation through the posting, publication, or mailing of a catalog or brochure that—
contains a written description or illustration of the goods, services, or other opportunities being offered;
includes the business address of the solicitor;
includes multiple pages of written material or illustration; and
has been issued not less frequently than once a year,
if the person making the solicitation does not solicit customers by telephone, email, text message, or electronic instant message, but only receives interstate telephone calls, emails, text messages, or electronic instant messages initiated by customers in response to the written materials, whether in hard copy or digital format, and in response to those interstate telephone calls, emails, text messages, or electronic instant messages does not conduct further solicitation.
Pub. L. 115–70, title IV, § 402(a)(2)131 Stat. 1213(Added , , .)
Editorial Notes
Prior Provisions
Pub. L. 103–322, title XXV, § 250002(a)(2)108 Stat. 2082Pub. L. 107–56, title X, § 1011(d)115 Stat. 396Pub. L. 115–70, title IV, § 402(a)(2)131 Stat. 1213A prior section 2325, added , , ; amended , , , related to definition of “telemarketing”, prior to repeal by , , .
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 103–322, title XXV, § 250001108 Stat. 2081
Pub. L. 103–322section 994 of Title 28“This Act [probably should be “title”, meaning title XXV (§§ 250001–250008) of , which enacted this chapter, amended sections 1029, 1341, and 3059 of this title, and enacted provisions set out as notes under this section and , Judiciary and Judicial Procedure] may be cited as the ‘Senior Citizens Against Marketing Scams Act of 1994’.”
, , , provided that:
Information Network
Pub. L. 103–322, title XXV, § 250008108 Stat. 2088Pub. L. 104–294, title VI, § 604(b)(29)110 Stat. 3508
Hotline .—
The Attorney General shall, subject to the availability of appropriations, establish a national toll-free hotline for the purpose of—
providing general information on telemarketing fraud to interested persons; and
gathering information related to possible violations of provisions of law amended by this title [see Short Title note above].
Action on Information Gathered .—
The Attorney General shall work in cooperation with the Federal Trade Commission to ensure that information gathered through the hotline shall be acted on in an appropriate manner.”