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Compliance Guide� Features
 
CHAPTER 45D
TELEMARKETING : DO NOT CALL
SUBCHAPTER 4. PROHIBITED ACTIVITIES; PERMITTED CALLS; PENALTIES
N.J.A.C. § 13:45D-4.5
Defenses to liability

(a) A registered telemarketer shall not be held liable for violating the Act or this chapter if the telemarketer can demonstrate that:

1. The telemarketer has obtained and put into use a copy of the no telemarketing call list which is no older than three months at the time the telemarketing call in question was made and the telemarketer has established and implemented written policies and procedures related to the requirements of the Act and these rules;

2. The telemarketer has trained all personnel in making telemarketing sales calls and the requirements of the Act and these rules;

3. The telemarketer maintains records which demonstrate compliance with (a)1 and 2 above and the Act; and

4. Any unsolicited telemarketing sales call made to a customer on the no telemarketing call list is an isolated call made no more than one time in a 12-month period.

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