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Massachusetts law about telemarketing

A compilation of laws, regulations, cases and web sources on telemarketing law.

Table of Contents

Massachusetts laws

MGL c.159C Telemarketing solicitation

Massachusetts regulations

201 CMR 12 Do Not Call registry

Federal laws

15 U.S. Code §§ 6101-6108 Telemarketing and consumer fraud and abuse prevention

15 U.S. Code §§ 6151 – 6155 National Do Not Call registry

47 U.S. Code § 227 Telephone Consumer protection Act.

Protects consumers from automated phone calls (robocalls).  In 2020 the US Supreme Court invalidated the government debt exemption portion of the law (47 US Code § 227 (b)(1)(A)(iii), but the remainder of the robocall restriction under the law was held to be constitutional. See Barr v. American Association of Political Consultants, 140 S.Ct. 2335.

Federal regulations

16 CFR 310 Telemarketing sales rule

47 CFR 64.1200 Restrictions on telephone solicitation

Selected case law

Mulhern v. MacLeod , 441 Mass. 754 (2004) 
A private citizen may sue a telemarketer in a Massachusetts state court for violating the federal Telephone Consumer Protection Act of 1991.

Do Not Call lists

Register your number on MA Do Not Call List, Mass. Office of Consumer Affairs and Business Regulation
Register here for Massachusetts "Do Not Call."

National Do Not Call registry, Federal Trade Commission
Includes information on the program and a form through which to register your number in the national "Do Not Call" Registry. This website also allows consumers to report unwanted calls.

Web sources

Complying with the telemarketing sales rule, Federal Trade Commission
Guidelines for businesses on how to operate within the rule.

Limiting unwanted calls and emails, Federal Trade Commission
Information on privacy, robocalls, do not call, and spam.

Massachusetts Do Not Call list, Mass. Office of Consumer Affairs and Business Regulation
Includes how to sign up for the "Do Not Call" list, consumer information, and complaint information.

Recording of telemarketing calls, Mass. Department of Public Utilities
Electricity brokers and gas retail agents must keep telemarketing calls over 1 minute made to consumers for 2 years.

Telemarketing: how to have a quiet evening at home, Privacy Rights Clearinghouse, 2016.
Provides helpful information on how to reduce telemarketing intrusions, and how to complain about violators.

National Do Not Call Registry FAQs, Federal Trade Commission
Explains telemarketing rules, how to add a number to the Registry, and how to report unwanted calls.

Print sources

Consumer law, 4th ed. (Mass practice series v. 35) Thomson Reuters, 2021 with supplement, Sections 3:18 – 3:28.

Data security and privacy in Massachusetts, MCLE, 2021, Sections 8.4.2 and 8.4.3.

Federal deception law, 3rd ed., National Consumer Law Center, 2017, Chapters 5 and 6.

Contact

Online

Law library locations and phone numbers Library locations 
Reference librarians online Chat with a law librarian 
Reference librarians via email masslawlib@gmail.com
Last updated: November 10, 2021
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