Code of Massachusetts Regulations
201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION
Title 201 CMR 12.00 - Massachusetts Do Not Call Registry
Section 12.01 - Definitions

Caller Identification Service or Device . A telephone service or device that permits a consumer to see the telephone number of incoming calls.

Consumer . An individual who is a resident of Massachusetts and a prospective recipient of consumer goods or services.

Consumer Goods or Services . An article or service that is purchased, leased, exchanged or received primarily for personal, family or household purposes including, but not limited to, stocks, bonds, mutual funds, annuities and other financial products.

Doing Business in Massachusetts . Conducting telephonic sales calls:

(a) from a location in Massachusetts; or

(b) from a location outside of Massachusetts to consumers in Massachusetts.

Do Not Call Registry . A database, maintained by the Office of Consumer Affairs and Business Regulation as otherwise detailed in 201 CMR 12.03 and 12.05, of names and telephone numbers of Massachusetts consumers who have elected not to receive unsolicited telephonic sales calls.

Existing Customer . A residential telephone subscriber with whom the person or entity making a telephonic sales call has maintained an account or had a business relationship within the previous 24 months.

Local Exchange Companies . A corporation, person, partnership or any other organization subject to the Department of Telecommunications and Energy's jurisdiction pursuant to M.G.L. c. 159 providing local exchange service for sale to subscribers, and resellers of such service for public use.

Marketing or Sales Solicitation . The initiation of a telephone callor message to encourage the purchase or rental of, or investment in, property, goods or services, that is transmitted to a consumer, but not including a telephone call or message:

(a) to a consumer with that consumer's prior express written or verbal invitation or permission;

(b) by a tax-exempt nonprofit organization;

(c) by an individual or organization for a noncommercial purpose, such as a poll or survey; or

(d) to a consumer in response to a visit made by such consumer to an establishment selling, leasing or exchanging consumer goods or services at a fixed location.

Office . The Massachusetts Office of Consumer Affairs and Business Regulation.

Telephonic Sales Cal l. A call made by a telephone solicitor to a consumer for the purpose of:

(a) engaging in a marketing or sales solicitation;

(b) soliciting an extension of credit for consumer goods or services; or

(c) obtaining information that will or maybe used for marketing or sales solicitation or exchange of or extension of credit for consumer goods or services.

Telephone Solicitor . An individual, association, corporation, partnership, limited partnership, limited liability company or other business entity, or a subsidiary or affiliate thereof, doing business in Massachusetts who makes or causes to be made a telephonic sales call.

Unsolicited Telephonic Sales Cal l. A telephonic sales call other than a call made:

(a) in response to an express written or verbal request of the consumer called;

(b) primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call;

(c) to an existing customer unless such customer has stated to the telephone solicitor that such customer no longer wishes to receive the telephonic sales calls of such telephone solicitor; or

(d) in which the sale of goods and services is not completed, and payment or authorization of payment is not required, until after a face-to-face sales presentation by the telephone solicitor or a meeting between the telephone solicitor and customer.