Registration is generally required of those entities that solicit instate customers via telephone calls. The registration is for businesses only. Employees of telemarketers are NOT required to register.
Exempt from the registration requirements:
• The state, municipalities of the state, or any department or division of the state or such municipalities
• The United States or any of its departments, agencies, or divisions
• Colleges, universities, and other institutions authorized by the regents of the University of NY or comparable body in any other state or jurisdiction to grant degrees, including licensed private schools and any registered business schools regulated by Article 101 of the Education Law
• Any person or company that has been operating for at least three years a retail business establishment in this state under the same name as that used in connection with telemarketing, and both of the following occur on a continuing basis:
• Either products are displayed and offered for sale or services or are offered for sale and provided at the business establishment and
• A majority of the person's business involves buyers' obtaining such products or services at the person's location.
• Any not-for-profit corporation, as defined in §102of the NYS Not-For-Profit Corporation Law, and other charitable organizations
The following acts or practices are exempt from the registration requirements:
• Telephone calls made by a telemarketer, collection agency, or attorney engaged in the practice of law for the exclusive purpose of collecting a legal debt owed,in accordance with the applicable provisions of the Federal Fair Debt Collection Practices Act (15 u.s.c.s1692 et.Seq.)
• Telephone calls in which the sale,lease, or other agreement for goods or services is not completed, and payment or authorization of payment is not required, until after a face-to-face sales presentation by a telemarketer or a meeting between a telemarketer and customer
• Telephone calls received by a telemarketer that are initiated by a customer and are not the result of any solicitation by such telemarketer
• Telephone calls between a telemarketer and any for-profit business, except calls involving the retail sale of nondurable office or cleaning supplies<
Telemarketer applicants must provide proof of bonding, certificate of deposit, or letter of credit in the amount of $25,000 (payable for the benefit of customer adjudged by a court to be "injured" by the actions of the telemarketer) unless the applicant is engaged in a business or occupation that is licensed, registered, chartered, certified or incorporated with or by any state or federal agency.
Registration is NOT required of employees of registered telemarketing firms.