Safe harbor provisions
Compiled source label: current through Apr 15, 2022
Register checked through July 8, 2026/Vol. XLVIII, Issue 27 (2026-07-08) - no later Register activity found for this section
What LawEngine checked
- Status
- Source receipt
- Compiled source current through
- Apr 15, 2022
- Register checked through
- July 8, 2026/Vol. XLVIII, Issue 27 (2026-07-08)
- Register activity status
- no later Register activity found
- LawEngine source snapshot
- Jun 6, 2026
A person (which includes an entity, corporation, or other telemarketer) shall not be held liable for violating these regulations if the person can demonstrate, by clear and convincing evidence, that:
(a)the person has obtained a version of the national ‘do-not-call’ registry from the Federal Trade Commission no more than 31 days prior to the date any telemarketing call is made, pursuant to 16 CFR section 310.4(6)(i)(iii)(B), and as a part of the person's routine business practice, it has established, implemented, and updated written policies and procedures related to the requirements of these regulations, prior to the date any telemarketing call is made;
(b)the person has trained all personnel conducting telemarketing sales calls in the requirements of these regulations;
(c)the person maintains records demonstrating compliance with this section and the requirements of these regulations; and
(d)any subsequent unsolicited telemarketing sales call is the result of an error.