Here's a crash course:

Telemarketing Laws Summary

Telemarketing laws can be complicated. 

Some of the laws and rules overlap and even conflict.  Here is a brief

summary:

Federal Trade Commission (FTC) Telemarketing

Sales Rule - This set of rules deals primarily with fraud and deception. 

Some important points are:

• Can include inbound as well as outbound

  calls.  For example, a mailing that includes a number to call.

• No "private right of action" in most cases. 

  This means an individual usually cannot take legal action and must get the FTC

  or state attorney general to pursue the complaint.

• FTC cannot regulate phone companies but they

  can, and have, worked with the FTC to take action against phone companies.

• Congress enacted a law to give the FTC

  authority to create rules.  FTC may then enforce the rules but they can

  also be challenged in court.

Federal Communications Commission Telephone

Consumer Protection Act (TCPA) of 1991 - This set of rules deals primarily with

"technical aspects" of making telephone solicitations.

• Only covers outbound calls.

• "Private Right of Action" allows consumers to

  sue, under many circumstances, in small claims court for up to $1,500 per

  violation.

• Telephone solicitors must maintain a

  do-not-call list

• Each call can contain several violations

• Unsolicited advertising faxes banned

• Unsolicited prerecorded advertisement calls

  banned

• Live calls must provide the name of the

  caller and the identity and phone number or address of the company being

  represented by the call

• Telemarketer must have a written do-not-call

  policy "available upon demand."

• Telemarketers must be trained in using and

  maintaining the do-not-call list

• Most telemarketing calls violate one or more

  of the TCPA rules

• Consumer.net's founder collected over $50,000

  in damages from telemarketers who broke these rules

State Laws - State laws vary greatly and

change all the time.  Virginia even put unsolicited prerecorded

telemarketing calls into the criminal law category.  Some state laws have

such a long list of exemptions that make them of little vales.  Many states

then began enacting their own do-not-call lists which eventually led to the

national registry.