Over the past five years, we have witnessed a proliferation of do not call list legislation. This legislation requires telemarketers to purchase a list of phone numbers of individuals who do not want to receive telemarketing calls. These lists are typically maintained by a state agency. If a telemarketer calls a number on the list, the telemarketer could be subject to monetary penalties. Currently, 19 states have enacted do not call list legislation and numerous states have legislation pending. Legislators have been more active in this area as they continue to receive complaints from their constituents about intrusive telemarketing calls. Moreover, sponsors of this legislation are personally committed to providing a remedy for consumers who do not want to receive telephone solicitations. DSA's position is to ensure that direct sellers are not subject to the requirements of do not call list legislation. Due to the broad definitions used in these types of bills, direct sellers could be misclassified as telemarketers or telephone solicitors and subject to the provisions of these bills. In these cases, we work to amend the legislation to ensure that direct sellers are exempt. The following is exemption language we support. Telephone solicitations do not include: 1. calls made by a person soliciting without the intent to complete, and who does not in fact complete the sales presentation during the telephone call, but who completes the sales presentation at a later face-to-face meeting between the solicitor and the prospective purchaser, 2. calls made to person with whom the caller has a prior or existing business relationship, and 3. an isolated call not made in a pattern of repeat calls. Many of the existing do not call list laws have at least one of these exemptions. However, direct sellers still could be subject to some of these laws. For example, if a direct seller makes a series of cold calls in the state of Connecticut, they could be subject to the law because they do not have a prior or existing business relationship with persons whom they are calling, and calls to set up a later face-to-face appointment are not exempt. For your reference, attached is a chart listing the states that have do not call list laws and their exemptions. We strongly recommend that you examine the potential impact these laws could have on the practices of your company's direct sellers. We will continue to work to ensure that direct sellers are exempt from these laws and will update the chart as new laws are passed. * * * State "Do Not Call" List Laws Alabama Effective Date: 7/1/99 Exemptions: Face to Face, Existing Business, Isolated Call For more information: www.psc.state.al.us Alaska Effective Date: 11/4/96 Exemptions: Previous Purchase from Solicitor (24 months) For more information: www.law.state.ak.us/consumer Arkansas Effective Date: 1/1/00 Exemptions: Prior or Existing Business (36 months) For more information: www.donotcall.org Colorado Effective Date: 7/1/02 Exemptions: Existing Business (18 months) Connecticut Effective Date: 1/1/01 Exemptions: Existing Customer For more information: www.state.ct.us/dcp Florida Effective Date: 10/1/87 Exemptions: Prior or Existing Business For more information: www.800helpfla.com Georgia Effective Date: 1/1/99 Exemptions: Prior or Existing Business For more information: www.ganocall.com Idaho Effective Date: 1/1/01 Exemptions: Face-to-Face, Isolated Transaction, Prior Business For more information: www.state.id.us/ag Illinois Effective Date: 7/1/02 Exemptions: Established Business Relationship, Existing Customer Indiana Effective Date: 7/1/01 Exemptions: No Applicable Exemptions Kentucky Effective Date: 1/19/99 Exemptions: Face-to-Face, Prior or Existing Business For more information: www.law.state.ky.us/cp/nocall.htm Louisiana Effective Date: 1/1/02 Exemptions: Prior or Existing (6 months) Maine Effective Date: 8/1/01 Exemptions: Established Business Relationship For more information: www.state.me.us/ag Missouri Effective Date: 7/1/01 Exemptions: Current Business or Personal For more information: www.ago.state.mo.us New York Effective Date: 4/1/01 Exemptions: Established Business, Face-to-Face For more information: www.consumer.state,ny.us/dnchome.htm Oregon Effective Date: 1/1/00 Exemptions: Previous purchase from solicitor For more information: www.ornocall.com Tennessee Effective Date: 7/17/00 Exemptions: Isolated call (w/ limitations), Existing Customer (12 months) For more information: wwwa.state.tn.us/tra/nocall.htm Texas Effective Date: 7/1/02 Exemptions: Established Business Relationship Wyoming Effective Date: 7/1/01 Exemptions: Established Business Relationship For more information: www.attorneygeneral.state.wy.us/consumer.htm * * * We hope that you find this information use