For purposes of this chapter:(1) The term “attorney general” means the chief legal officer of a State.
(2) The term “Commission” means the Federal Trade Commission.
(3) The term “State” means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, and any territory or possession of the United States.
(4) The term “telemarketing” means a plan, program, or campaign which is conducted to induce purchases of goods or services, or a charitable contribution, donation, or gift of money or any other thing of value, by use of one or more telephones and which involves more than one interstate telephone call. The term does not include the solicitation of sales through the mailing of a catalog which—(A) contains a written description, or illustration of the goods or services offered for sale,
(B) includes the business address of the seller,
(C) includes multiple pages of written material or illustrations, and
(D) has been issued not less frequently than once a year,
where the person making the solicitation does not solicit customers by telephone but only receives calls initiated by customers in response to the catalog and during those calls takes orders only without further solicitation.
(Pub. L. 103–297, § 7, Aug. 16, 1994, 108 Stat. 1550; Pub. L. 107–56, title X, § 1011(b)(3), Oct. 26, 2001, 115 Stat. 396.)
Editorial Notes
Amendments2001—Par. (4). Pub. L. 107–56 inserted “, or a charitable contribution, donation, or gift of money or any other thing of value,” after “services” in introductory provisions.