March 29, 2006
DO NOT CALL LIST
By: Daniel Duffy, Principal Analyst
You asked for a brief comparison of the exemptions in Connecticut's and Indiana's “Do Not Call” list laws.
Both laws prohibit, with certain exceptions, telephone solicitors from making, or causing to be made, unsolicited telephone sales calls to consumers who have registered their wish not to receive them with the state's Do Not Call list.
Connecticut and Indiana differ in the conditions each sets to register a telephone number. Connecticut allows individuals to register any type of telephone number. Indiana only allows residential numbers to be registered.
Both states exempt calls made (1) at a consumer's express request or (2) primarily in connection with an existing debt or unfulfilled contract.
Both states have charity-related exemptions. Connecticut exempts all calls made by a tax-exempt non-profit organization. Indiana exempts calls from a tax-exempt organization only if they are made by a volunteer or an employee of the organization and the caller makes certain disclosures.
Connecticut, but not Indiana, exempts calls (1) made in response to a consumer's visit to the seller's place of business and (2) to an existing customer unless the customer has informed the solicitor that he no longer wishes to be called.
Indiana, but not Connecticut, exempts certain calls made by (1) licensed real estate brokers and sales people, (2) insurance producers, and (3) newspapers.
In general, Connecticut's law applies to calls made by a solicitor to (1) engage in a marketing or sales solicitation, (2) solicit an extension of credit for such goods or services, or (3) obtain information to use in the solicitation of a sale or credit extension. Connecticut allows any individual to register any telephone number with the Do Not Call list.
The law does not apply to calls made or sent (1) with the consumer's prior express written or verbal permission or in response to a consumer's visit to a seller's establishment, (2) by a tax-exempt nonprofit organization, (3) primarily in connection with an existing debt or contract that has not been paid or performed; or (4) to an existing customer, unless the customer has informed the solicitor that he no longer wishes to receive the solicitor's calls (CGS § 42-288a).
In general, Indiana's law applies to calls made by a telephone solicitor to (1) solicit the sales of goods or services, (2) solicit a charitable contribution, or (3) obtain information to use in the solicitation of a sale or credit extension. Indiana only allows residential telephone numbers to be listed on its Do Not Call list.
Indiana exempts calls made or sent (1) in response to a consumer's express request; (2) primarily made in connection with an existing debt or contract that has not been paid or performed; (3) on behalf of a charity exempt from federal income tax under Section 501 of the Internal Revenue Code if (a) the call is made by a volunteer or an employee of the charity and (b) the caller immediately discloses his name, the charity's name, address, and telephone number; (4) by licensed real estate brokers and sales people if (a) the sale is not completed and (b) payment is not required until after a face-to-face meeting between the consumer and the caller; (5) by insurance producers soliciting an insurance application; and (6) by newspapers soliciting subscriptions (Ind. Code § 24-4.7-1).