Vermont § 2464a - Prohibited telephone solicitations

§ 2464a. Prohibited telephone solicitations

• (a) Definitions. As used in this section, section 2464b, and section 2464c of this title: (1) “Customer” means a customer, residing or located in Vermont, of a company providing
  telecommunications service as defined in 30 V.S.A. § 203(5). (2) “Caller identification information” means information a caller identification service
  provides regarding the name and number of the person calling. (3) “Caller identification service” means a service that allows a subscriber of the service
  to have the telephone number and, where available, the name of the calling party transmitted
  contemporaneously with the telephone call and displayed on a device in or connected
  to the subscriber’s telephone. (4) “Federal functional regulator” means a federal functional regulator as defined in
  15 U.S.C. § 6809(2). (5) “Financial institution” means a financial institution as defined in 15 U.S.C. § 6809(3). (6) “Tax-exempt organization” means an organization described in Section 501(c) of the
  Internal Revenue Service Code (26 U.S.C. § 501(c)). (7) “Telemarketer” means any telephone solicitor. However, “telemarketer” does not include
  any telephone solicitor who is otherwise registered or licensed with, or regulated
  or chartered by, the Secretary of State, the Public Utility Commission, the Department
  of Financial Regulation, or the Department of Taxes or is a financial institution
  subject to regulations adopted pursuant to 15 U.S.C. § 6804(a) by a federal functional regulator. Telephone solicitors registered with the Department
  of Taxes to collect Vermont income withholding, sales and use, or meals and rooms
  tax, but not registered with any other agency listed in this subdivision, shall provide
  to the Secretary of State an address and agent for the purpose of submitting to the
  jurisdiction of the Vermont courts in any action brought for violations of this section. (8) “Telephone solicitation”: (A) means the solicitation by telephone of a customer for the purpose of encouraging the
  customer to contribute to an organization that is not a tax-exempt organization, or
  to purchase, lease, or otherwise agree to pay consideration for money, goods, or services;
  and (B) does not include: (i) telephone calls made in response to a request or inquiry by the called customer; (ii) telephone calls made by or on behalf of a tax-exempt organization, an organization
  incorporated as a nonprofit organization with the State of Vermont, or an organization
  in the process of applying for tax-exempt status or nonprofit status; (iii) telephone calls made by a person not regularly engaged in the activities listed in
  subdivision (A) of this subdivision (8); or (iv) telephone calls made to a person with whom the telephone solicitor has an established
  business relationship. (9) “Telephone solicitor” means any person placing telephone solicitations, or hiring
  others, on an hourly, commission, or independent contractor basis to conduct telephone
  solicitations. (b) Prohibition; Caller Identification Information. (1) No telemarketer shall make a telephone solicitation to a telephone number in Vermont
  without having first registered in accordance with section 2464b of this title. (2) No person shall make any telephone call to a telephone number in Vermont that violates
  the Federal Trade Commission’s Do Not Call Rule, 16 C.F.R. subdivision 310.4(b)(1)(iii),
  or the Federal Communication Commission’s Do Not Call Rule, 47 C.F.R. subdivision
  64.1200(c)(2) and subsection (d), as amended from time to time. (3)(A) A person who places a telephone call to make a telephone solicitation or to induce
  a charitable contribution, donation, or gift of money or other thing of value shall
  transmit or cause to be transmitted to a caller identification service in use by the
  recipient of the call: (i) the caller’s telephone number; and (ii) if made available by the caller’s carrier, the caller’s name. (B) Notwithstanding subdivision (A) of this subdivision (3), a caller may substitute for
  its own name and number the name and the number, which is answered during regular
  business hours, of the person on whose behalf the caller places the call. (c) Violation. A violation of this section shall constitute a violation of section 2453 of this title. Each prohibited telephone call shall constitute a separate violation. In considering
  a civil penalty for violations of subdivision (b)(2) of this section, the court may
  consider, among other relevant factors, the extent to which a telephone solicitor
  maintained and complied with procedures designed to ensure compliance with the rules
  of the Federal Communications Commission and the Federal Trade Commission. (d) Criminal Penalties. A telemarketer who makes a telephone solicitation in violation of subdivision (b)(1)
  of this section shall be imprisoned for not more than 18 months or fined not more
  than $10,000.00, or both. It shall be an affirmative defense, for a telemarketer with
  five or fewer employees, that the telemarketer did not know and did not consciously
  avoid knowing that Vermont has a requirement of registration of telemarketers. Each
  telephone call shall constitute a separate solicitation under this section. This section
  shall not be construed to limit a person’s liability under any other civil or criminal
  law. (Added 2001, No. 120 (Adj. Sess.), § 1; amended 2003, No. 89 (Adj. Sess.), § 1, eff. April 7, 2004; 2017, No. 66, § 1, eff. June 8, 2017.)