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Telemarketing: A Comprehensive Guide to Its Legal Definition
Definition & Meaning
Telemarketing refers to a marketing strategy that uses telephone calls to promote the sale of goods or services, or to solicit charitable contributions. This process typically involves making multiple interstate calls. However, it does not include sales made through catalogs that provide detailed descriptions of products, the seller's business address, and are issued regularly, provided that the seller only receives calls initiated by customers without further solicitation.
Table of content
Legal Use & context
Telemarketing is commonly used in various legal contexts, particularly in consumer protection and marketing law. It is regulated to prevent deceptive practices and protect consumers from unwanted solicitations. Legal areas that may involve telemarketing include:
Consumer protection law
Advertising law
Charitable solicitation law
Users can manage telemarketing practices by utilizing legal templates available through US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company calls potential customers to offer a discount on their products. This is considered telemarketing.
Example 2: A nonprofit organization conducts a phone campaign to solicit donations for a local charity. This also falls under telemarketing.
Relevant laws & statutes
Telemarketing practices are primarily governed by the Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule (TSR). These laws set forth regulations to protect consumers from abusive telemarketing practices.
State-by-state differences
State
Telemarketing Regulations
California
Strict regulations on telemarketing calls, including the requirement for a "Do Not Call" list.
Texas
Allows telemarketing but requires registration with the state for telemarketers.
Florida
Has a state-specific "Do Not Call" registry that telemarketers must comply with.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Cold calling
Contacting potential customers who have not expressed interest.
Telemarketing can include follow-ups and responses to inquiries.
Direct mail marketing
Marketing through physical mail to potential customers.
Telemarketing involves phone calls, while direct mail is non-telephonic.
Common misunderstandings
What to do if this term applies to you
If you are involved in telemarketing, ensure compliance with federal and state regulations. Consider using US Legal Forms for templates that can help you navigate legal requirements. If your situation is complex, it may be wise to seek professional legal assistance.
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