1994 US Code
Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 113A - TELEMARKETING FRAUD
Sec. 2325 - Definition
View MetadataPublication Title | United States Code, 1994 Edition, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 113A - TELEMARKETING FRAUD Sec. 2325 - Definition |
Contains | section 2325 |
Date | 1994 |
Laws in Effect as of Date | January 4, 1995 |
Positive Law | Yes |
Disposition | standard |
Short Titles | Senior Citizens Against Marketing Scams Act of 1994 |
Source Credit | Added Pub. L. 103-322, title XXV, §250002(a)(2), Sept. 13, 1994, 108 Stat. 2082. |
Statutes at Large Reference | 108 Stat. 2082 |
Public Law References | Public Law 103-322 |
§2325. Definition
In this chapter, “telemarketing”—
(1) means a plan, program, promotion, or campaign that is conducted to induce—
(A) purchases of goods or services; or
(B) participation in a contest or sweepstakes,
by use of 1 or more interstate telephone calls initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant; but
(2) does not include the solicitation of sales through the mailing of a catalog that—
(A) contains a written description or illustration of the goods or services offered for sale;
(B) includes the business address of the seller;
(C) includes multiple pages of written material or illustration; and
(D) has been issued not less frequently than once a year,
if the person making the solicitation does not solicit customers by telephone but only receives calls initiated by customers in response to the catalog and during those calls takes orders without further solicitation.
(Added Pub. L. 103–322, title XXV, §250002(a)(2), Sept. 13, 1994, 108 Stat. 2082.)
Short TitleSection 250001 of title XXV of Pub. L. 103–322 provided that: “This Act [probably should be “title”, meaning title XXV (§§250001–250008) of Pub. L. 103–322, which enacted this chapter, amended sections 1029, 1341, and 3059 of this title, and enacted provisions set out as notes under this section and section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Senior Citizens Against Marketing Scams Act of 1994’.”
Information NetworkSection 250008 of title XXV of Pub. L. 103–322 provided that:
“(a) Hotline.—The Attorney General shall, subject to the availability of appropriations, establish a national toll-free hotline for the purpose of—
“(1) providing general information on telemarketing fraud to interested persons; and
“(2) gathering information related to possible violations of this Act [probably should be “title”, see Short Title note above].
“(b) Action on Information Gathered.—The Attorney General shall work in cooperation with the Federal Trade Commission to ensure that information gathered through the hotline shall be acted on in an appropriate manner.”
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