New Jersey TCPA and telemarketing law

New Jersey regulates telemarketing through three statutes. The telemarketing act (N.J.S.A. 56:8-119 et seq.) requires telemarketers to register with the Division of Consumer Affairs, bars unsolicited sales calls to numbers on the state no-call list, bars such calls between 9 p.m. and 8 a.m., and requires caller identification within 30 seconds. The act also restricts unsolicited sales calls to cell phones, a rule tied to a state certification this page has not yet confirmed. A call is not unsolicited if it responds to the customer's express written request or goes to an existing customer. A separate law requires prior express authorization before sending advertising text messages, and another bars recorded messages unless an operator first obtains consent or a prior relationship exists.

Enforcement is by the state. Telemarketing violations are unlawful practices carrying civil penalties of up to $10,000 for a first offense and $20,000 for later offenses. The text-message law expressly creates no private cause of action, and none of the three statutes sets private statutory damages.

Source: N.J. Stat. Ann. § 56:8-119 et seq.; N.J. Stat. Ann. § 2A:65D-1 et seq.; N.J. Stat. Ann. § 48:17-27 et seq. ↗