Cell Phone Telemarketing
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State Issues

In addition to the federal restrictions on cell phone telemarketing, certain states have taken additional steps to regulate cell phone telemarketing. In fact, several states have gone so far as to prohibit making any telemarketing calls to cell phones (regardless of how the call is dialed). These states are described in the chart below.

Arizona

 Ariz. Rev. Stat. § 44-1278

It is an unlawful practice . . . for any seller or solicitor or anyone acting on their behalf
who conducts a telephone solicitation in this state to do any of the following: . . .
Intentionally make or cause to be  made any unsolicited telephone sales call to any
mobile or telephone paging device.

Louisiana

Louisiana Public Service
Commission's Do Not Call Program General Order

 No call will be placed to . . . any telephone number assigned to a paging
service, cellular or mobile telephone service, specialized mobile radio
service, or other radio common carrier service, or any service for which the
called party is charged for the call, unless the call is made pursuant to the
recipient's prior express consent .

New Jersey

 N.J. Rev. Stat. § 8-130

 No telemarketer shall make or cause to be made any telemarketing sales
call to a commercial mobile service device of any customer . . .

Texas

Tex. Bus. & Com. Code
§ 10-305.001

A person may not make a telephone call or use an automatic dial
announcing device to make a telephone call for the purpose of making a
sale if the person making the call or using the device knows or should have
known that the called number is a mobile telephone for which the called
person will be charged for that  specific call

Wyoming

Wyo. Stat. § 40-12-302

No telephone solicitor or merchant shall willfully make or cause to be made any unsolicited telephonic sales call to any unpublished cellular telephone number.


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