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Understanding Telephone Solicitation: Legal Definitions and Implications
Definition & Meaning
A telephone solicitation refers to a type of telemarketing where a caller initiates a telephone call or message with the intent to promote the purchase or rental of goods, services, or investments. This practice is regulated under the Telephone Consumer Protection Act (TCPA), which aims to protect consumers from unsolicited marketing calls. Notably, calls made with prior consent, from established business relationships, or by tax-exempt nonprofit organizations are not classified as telephone solicitations.
Table of content
Legal Use & context
Telephone solicitation is primarily relevant in consumer protection law. It is often encountered in civil legal contexts, particularly in cases involving telemarketing practices. Users may encounter related forms or procedures when dealing with unwanted solicitation calls or when asserting their rights under the TCPA. Legal templates available through US Legal Forms can assist individuals in managing these issues effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company calls a consumer to promote a new product without prior consent. This is considered a telephone solicitation and may violate the TCPA.
Example 2: A nonprofit organization contacts a donor to thank them for a previous contribution. This call is not classified as a telephone solicitation due to the established relationship. (hypothetical example)
Relevant laws & statutes
The primary statute governing telephone solicitation is the Telephone Consumer Protection Act (TCPA), which outlines regulations regarding unsolicited calls and messages. Specifically, 47 CFR 64.1200(12) provides a detailed definition of telephone solicitation and its exceptions.
State-by-state differences
State
Regulation Overview
California
Has stricter regulations on telemarketing calls, including the requirement for a written agreement for certain solicitations.
Florida
Enforces a "Do Not Call" list that consumers can join to avoid unsolicited calls.
Texas
Requires telemarketers to register with the state and adhere to specific calling hours.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Description
Telemarketing
Broad term for marketing conducted via telephone, which includes telephone solicitation.
Cold Calling
Specifically refers to unsolicited calls made to potential customers without prior contact.
Spam Calls
Unwanted calls that may not necessarily promote a product but can be considered intrusive.
Common misunderstandings
What to do if this term applies to you
If you receive unwanted telephone solicitations, you can take the following steps:
Request the caller to stop contacting you. This can terminate any established business relationship.
Register your number on the National Do Not Call Registry to reduce unsolicited calls.
Consider using US Legal Forms to access templates for formal complaints or cease-and-desist letters if necessary.
If the calls persist, consult a legal professional for further assistance.
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