Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 12.00 - Massachusetts Do Not Call Registry › Section 12.01 - Definitions

Current through Register 1525, July 5, 2024
Caller Identification Service or Device
. A
				telephone service or device that permits a consumer to see the telephone number of
				incoming calls.
Consumer
. An individual who is a resident
				of Massachusetts and a prospective recipient of consumer goods or services.
Consumer Goods or Services
. An article or
				service that is purchased, leased, exchanged or received primarily for personal,
				family or household purposes including, but not limited to, stocks, bonds, mutual
				funds, annuities and other financial products.
Doing Business in Massachusetts
.
				Conducting telephonic sales calls:
(a) from a location in Massachusetts; or
(b) from a location outside of Massachusetts to consumers in
				Massachusetts.
Do Not Call Registry
. A database,
				maintained by the Office of Consumer Affairs and Business Regulation as otherwise
				detailed in
				201
				CMR 12.03 and
				12.05,
				of names and telephone numbers of Massachusetts consumers who have elected not to
				receive unsolicited telephonic sales calls.
Existing Customer
. A residential telephone
				subscriber with whom the person or entity making a telephonic sales call has
				maintained an account or had a business relationship within the previous 24
				months.
Local Exchange Companies
. A corporation,
				person, partnership or any other organization subject to the Department of
				Telecommunications and Energy's jurisdiction pursuant to M.G.L. c. 159 providing
				local exchange service for sale to subscribers, and resellers of such service for
				public use.
Marketing or Sales Solicitation
. The
				initiation of a telephone callor message to encourage the purchase or rental of, or
				investment in, property, goods or services, that is transmitted to a consumer, but
				not including a telephone call or message:
(a) to a consumer with that consumer's prior express written or
				verbal invitation or permission;
(b) by a tax-exempt nonprofit organization;
(c) by an individual or organization for a noncommercial purpose,
				such as a poll or survey; or
(d) to a consumer in response to a visit made by such consumer to an
				establishment selling, leasing or exchanging consumer goods or services at a fixed
				location.
Office
. The Massachusetts Office of
				Consumer Affairs and Business Regulation.
Telephonic Sales Cal
l. A call made by a
				telephone solicitor to a consumer for the purpose of:
(a) engaging in a marketing or sales solicitation;
(b) soliciting an extension of credit for consumer goods or
				services; or
(c) obtaining information that will or maybe used for marketing or
				sales solicitation or exchange of or extension of credit for consumer goods or
				services.
Telephone Solicitor
. An individual,
				association, corporation, partnership, limited partnership, limited liability
				company or other business entity, or a subsidiary or affiliate thereof, doing
				business in Massachusetts who makes or causes to be made a telephonic sales
				call.
Unsolicited Telephonic Sales Cal
l. A
				telephonic sales call other than a call made:
(a) in response to an express written or verbal request of the
				consumer called;
(b) primarily in connection with an existing debt or contract,
				payment or performance of which has not been completed at the time of the
				call;
(c) to an existing customer unless such customer has stated to the
				telephone solicitor that such customer no longer wishes to receive the telephonic
				sales calls of such telephone solicitor; or
(d) in which the sale of goods and services is not completed, and
				payment or authorization of payment is not required, until after a face-to-face
				sales presentation by the telephone solicitor or a meeting between the telephone
				solicitor and customer.