S1237 1R

An Act concerning telemarketing sales calls and amending P.L.2003, c.76.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

¹[1. Section 10 of P.L.2003, c.76 (C.56:8-128) is amended to read as follows:

10. a. [No] A telemarketer shall not 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] P.L.2003, c.76 (C.56:8-127), 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, accurately 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] 9:00 p.m. and [8] 8:00 a.m., local time, at the customer's location.

d. (1) When making or causing to be made any telemarketing sales call, a telemarketer shall not fail to transmit or cause to be transmitted the telephone number and, when made available by the telemarketer’s telephone company, the name of the telemarketer, to any caller identification service in use by a recipient of a telemarketing sales call; provided, however, that it shall not be a violation of this paragraph to substitute, for the name and telephone number used in or billed for making the call, the name of the seller on behalf of which a telemarketing sales call is placed and the seller’s customer service telephone number that is answered during regular business hours.

(2) 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.

(cf: P.L.2005, c.289, s.1)]¹

¹1. Section 10 of P.L.2003, c.76 (C.56:8-128) is amended to read as follows:

10. a. A telemarketer shall not 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 P.L.2003, c.76 (C.56:8-127), 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, 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. (1) When making or causing to be made any telemarketing sales call, a telemarketer shall transmit or cause to be transmitted the telephone number and the name of the telemarketer to any caller identification service in use by a recipient of a telemarketing sales call; however, it shall not be a violation of this paragraph to substitute, for the name and telephone number used in or billed for making the call, the name of the seller on behalf of which a telemarketing sales call is placed and the seller’s customer service telephone number that is answered during regular business hours.

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.¹

(cf: P.L.2023, c.58)

2. This act shall take effect immediately, but shall remain inoperative for 60 days following the date of enactment..