2014 US Code
Title 18 - Crimes and Criminal Procedure (Sections 1 - 6005)
Part I - Crimes (Sections 1 - 2725)
Chapter 113A - Telemarketing Fraud (Sections 2325 - 2327)
Sec. 2325 - Definition
|Publication Title||United States Code, 2012 Edition, Supplement 2, 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
|Laws In Effect As Of Date||January 5, 2015|
|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; amended Pub. L. 107-56, title X, §1011(d), Oct. 26, 2001, 115 Stat. 396.|
|Statutes at Large References||108 Stat. 2082, 2081, 2088|
110 Stat. 3508
115 Stat. 396
|Public and Private Laws||Public Law 103-322, Public Law 104-294, Public Law 107-56|
In this chapter, "telemarketing"—
(1) means a plan, program, promotion, or campaign that is conducted to induce—
(A) purchases of goods or services;
(B) participation in a contest or sweepstakes; or
(C) a charitable contribution, donation, or gift of money or any other thing of value,
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 or charitable contributor, or donor; 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; amended Pub. L. 107–56, title X, §1011(d), Oct. 26, 2001, 115 Stat. 396.)
2001—Par. (1). Pub. L. 107–56 added subpar. (C) and inserted "or charitable contributor, or donor" before semicolon in concluding provisions.
Pub. L. 103–322, title XXV, §250001, Sept. 13, 1994, 108 Stat. 2081, 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'."
Pub. L. 103–322, title XXV, §250008, Sept. 13, 1994, 108 Stat. 2088, as amended by Pub. L. 104–294, title VI, §604(b)(29), Oct. 11, 1996, 110 Stat. 3508, 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 provisions of law amended by this 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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