Telephone Solicitation Law and Legal Definition

A telephone solicitation is basically telemarketing. It is a telephone call that acts as an advertisement. However, calls or messages placed with a person’s prior permission, by or on behalf of a tax-exempt non-profit organization, or from a person or organization with which one has an established business relationship (EBR) is not considered telephone solicitation. Telephone solicitation is prohibited pursuant to the Telephone Consumer Protection Act

An EBR exists if a person has made an inquiry, application, purchase, or transaction regarding products or services offered by the person or entity involved. However, such EBR calls can be terminated by communicating to the caller that the person or entity need not place additional solicitation calls.

The following is an example of a federal regulation defining the term:

According to 47 CFR 64.1200(12), the term ‘telephone solicitation’ means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message:

(i) To any person with that person's prior express invitation or permission;

(ii) To any person with whom the caller has an established business relationship; or

(iii) By or on behalf of a tax-exempt nonprofit organization.