N.J. Admin. Code § 13:45D-3.10

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:45D-3.10 - Recordkeeping requirements

(a) Each registered telemarketer shall maintain the following information:

1. The no telemarketing call list;

2. Documentation attesting to the date of receipt of the no telemarketing call list;

3. Sales scripts and written materials used for telemarketing purposes;

4. Name, any fictitious name used, last known home address and telephone number, and job title of all current and former individuals making telemarketing sales calls on behalf of the applicant;

5. All phone records and contracts associated with the telephone lines, channels, or other technology used for telemarketing calls;

6. Policies and procedures manuals relating to training and compliance with the Act and rules;

7. Records and evidence of employee training in the requirements of telemarketing regulation;

8. If telemarketing sales calls are recorded, the tape recordings of the telemarketing sales calls;

9. A log which includes the phone number, date, and time of each and every telemarketing sales call;

10. Requests to be placed on the telemarketer specific no telemarketing call list; and

11. The telemarketer specific no telemarketing call list.

(b) A seller that uses a registered telemarketer to make telemarketer sales calls and does not do its own telemarketing shall maintain the following information:

1. A customer's express written permission to allow telemarketing sales calls;

2. The list maintained by the seller of customers who have requested not to receive telemarketing sales calls from the seller;

3. Requests from customers who have asked not to receive telemarketing sales calls from the seller; and

4. Evidence that a customer is an existing customer or that a continuing service is being provided to the customer.

(c) A seller that makes its own telemarketing sales calls shall comply with both (a) and (b) above.

(d) The information and records required by (a) and (b) above shall be retained by the registered telemarketer or seller for a period of at least two years and shall be provided on request in a readily available format for inspection by the Director or the Director's authorized representative.

N.J. Admin. Code § 13:45D-3.10

Amended by R.2008 d.136, effective 6/2/2008.
See: 39 N.J.R. 5057(a), 40 N.J.R. 3321(a).
In (a)5, inserted "and contracts", ", channels, or other technology" and "calls".