Telephone Privacy Act Q&A
Can I contact someone who has asked for information about my product or service?
A telephone call made in response to an express request of the person called is exempt under the Telephone Privacy Act.
What if someone is already a client?
A telephone call made primarily in connection with an existing debt or contract for which payment or performance has not been completed at the time of the call is exempt under the Telephone Privacy Act. There is no broad “pre-existing business” exemption.
Who is exempt from this law?
Generally, there are four types of telephone solicitors who are exempt from this law.
- Newspapers who use volunteers or employees to make the calls.
- Charitable organizations who use volunteers or employees to make the calls and immediately disclose A) the caller’s true first and last name, and B) the name, address and phone number of the organization.
- Insurance agents licensed under IC 27-1-15.5 when the individual is soliciting an application for insurance or negotiating a policy of insurance on behalf of an insurer (as defined in IC 27-1-2-3).
- Realtors licensed under IC 25-34.1 if A) the sale of goods or services is not completed; and B) the payment or authorization of payment is not required until after a face to face sales presentation by the seller.