### §2325. Definition

In this chapter, the term "telemarketing or email marketing"—

(1) means a plan, program, promotion, or campaign that is conducted to induce—

(A) purchases of goods or services;

(B) participation in a contest or sweepstakes;

(C) a charitable contribution, donation, or gift of money or any other thing of value;

(D) investment for financial profit;

(E) participation in a business opportunity;

(F) commitment to a loan; or

(G) participation in a fraudulent medical study, research study, or pilot study,

by use of one or more interstate telephone calls, emails, text messages, or electronic instant messages initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant or charitable contributor, donor, or investor; and

(2) does not include the solicitation through the posting, publication, or mailing of a catalog or brochure that—

(A) contains a written description or illustration of the goods, services, or other opportunities being offered;

(B) includes the business address of the solicitor;

(C) includes multiple pages of written material or illustration; and

(D) has been issued not less frequently than once a year,

if the person making the solicitation does not solicit customers by telephone, email, text message, or electronic instant message, but only receives interstate telephone calls, emails, text messages, or electronic instant messages initiated by customers in response to the written materials, whether in hard copy or digital format, and in response to those interstate telephone calls, emails, text messages, or electronic instant messages does not conduct further solicitation.

(Added Pub. L. 115–70, title IV, §402(a)(2), Oct. 18, 2017, 131 Stat. 1213.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 2325, added Pub. L. 103–322, title XXV, §250002(a)(2), Sept. 13, 1994, 108 Stat. 2082; amended Pub. L. 107–56, title X, §1011(d), Oct. 26, 2001, 115 Stat. 396, related to definition of "telemarketing", prior to repeal by Pub. L. 115–70, title IV, §402(a)(2), Oct. 18, 2017, 131 Stat. 1213.

#### **Statutory Notes and Related Subsidiaries**

#### Short Title

Pub. L. 103–322, title XXV, §250001, Sept. 13, 1994, 108 Stat. 2081, provided that: "This Act [probably should be "title", meaning title XXV (§§250001–250008) of Pub. L. 103–322, which enacted this chapter, amended sections 1029, 1341, and 3059 of this title, and enacted provisions set out as notes under this section and section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the 'Senior Citizens Against Marketing Scams Act of 1994'."

#### Information Network

Pub. L. 103–322, title XXV, §250008, Sept. 13, 1994, 108 Stat. 2088, as amended by Pub. L. 104–294, title VI, §604(b)(29), Oct. 11, 1996, 110 Stat. 3508, provided that:

"(a) Hotline.—The Attorney General shall, subject to the availability of appropriations, establish a national toll-free hotline for the purpose of—

"(1) providing general information on telemarketing fraud to interested persons; and

"(2) gathering information related to possible violations of provisions of law amended by this title [see Short Title note above].

"(b) Action on Information Gathered.—The Attorney General shall work in cooperation with the Federal Trade Commission to ensure that information gathered through the hotline shall be acted on in an appropriate manner."