Telemarketing in Vermont
Whether you are on the receiving end of a telemarketing call or the person placing the call, the rules will change on July 1, 2002. This page is designed to help you understand the new law and what it means to you as a telemarketer or a receiver of a telemarketing call. To read the full text of the law click here: T.9 § 2464
Registration Of Telemarketers
No telemarketer shall make a telephone solicitation to a telephone number in Vermont without having registered in accordance with this title. To register you will need to complete this application. Be sure to fill out the application completely. There is no filing fee. The filing remains active until voluntarily withdrawn - there is no need for renewal.
If you have any questions or need assistance with this application please call us at 802-828-2386.
Telemarketer means any telephone solicitor. However, "telemarketer" does not include any telephone solicitor who is otherwise registered or licensed with, or regulated or chartered by, the Secretary of State, the Public Service Board, the Department of Banking, Insurance, Securities, and Health Care Administration, Department of Taxes, or is a financial institution subject to regulations adopted pursuant to 15 U.S.C. § 6804(a) by a federal functional regulator. Telephone solicitors registered with the Department of Taxes to collect Vermont income withholding, sales and use, or meals and rooms tax, that are not currently registered with any other agency listed, shall register with the Secretary of State as a telemarketer. It also does not include calls made in response to a request or inquiry by a customer; calls made by or on behalf of a tax-exempt organization; or calls made by a person with whom the telephone solicitor has an established business relationship.
How To Get On The National Do-Not-Call List
Vermont has adopted the National Do-Not-Call Registry but does not maintain a separate do-not-call list. To have your phone number added to the FTC's list you need to contact the Federal Trade Commisson and follow the directions given. The registration process is easy and free of charge. In addition to registration this site offers information regarding the various types of telephone fraud and how to file a complaint. The Secretary of State is not a contact for addition to this list nor do we maintain copies of any such list.
Private Cause of Action
No telemarketer shall call a telephone number in Vermont which has been on the telephone preference service list quarterly update for at least 60 days. No telemarketer shall make a telephone call to a number in Vermont which the customer requested, at least 45 days previously, to be on the telemarketer's do-not-call list maintained in accordance with the rules of the Federal Communications Commission and the Federal Trade Commission.
Any person who receives a telemarketing call in violation of this title may bring an action in superior court for damages, injunctive relief, punitive damages in the case of a willful violation, and reasonable costs and attorney's fees. The court may issue an award for the person's actual damages or $500.00 for a first violation, or $1,000.00 for each subsequent violation, whichever is greater.
For information on how to file a complaint against a telemarketing company contact The Consumer Assistance Program (CAP), a division of the Attorney General's Office.