Information for Telemarketers

It is a list containing Kentucky home and wireless telephone numbers of residents who indicate their preference not to receive telephone solicitations. "Telemarketing companies" and "merchants" making "telephone solicitations" are prohibited from making telephone solicitations to numbers on the list. The Kentucky Do Not Call List is maintained as part of the National Do Not Call Registry. To ensure compliance the FTC requires telemarketers to search the National Do Not Call Registry every 31 days and drop from their call lists the phone numbers of consumers who have registered.

A "telemarketing company" or "merchant" making a "telephone solicitation," as defined in Kentucky’s No Call law, is required to obtain the "No Call" list.

Under KRS 367.46951(13) a "telemarketing company" means a company whose primary business is to engage in telephone solicitation.

Under KRS 367.46951(7) a "merchant" means the individual or business entity offering consumer goods or services, an investment, business, or employment opportunity, or a consumer loan.

Under KRS 367.46951 a "telephone solicitation" means

1. A live or recorded communication sent by a telephone or message sent by facsimile machine to a residential, mobile, or telephone paging device telephone number, including a call by an automatic dialing or recorded message device, for the purpose of:
1. Soliciting a sale of consumer goods or services, offering an investment, business, or employment opportunity, or offering a consumer loan to the person called;
2. Obtaining information that will or may be used for the solicitation of a sale of consumer goods or services, the offering of an investment, business, or employment opportunity, or the offering of a consumer loan to the person called;
3. Offering the person called a prize, gift, or anything else of value, if payment of money or other consideration is required in order to receive the prize or gift, including the purchase of other merchandise or services or the payment of any processing fees, delivery charges, shipping and handling fees, or other fees or charges; or
4. Offering the person called a prize, gift, or other incentive to attend a sales presentation for consumer goods or services, an investment or business opportunity, or a consumer loan
2. A live or recorded communication sent by telephone, facsimile machine, mobile telephone or telephone paging device in response to inquiries generated by unrequested notifications sent by the merchant to persons who have not previously purchased goods or services from the merchant or telemarketer or who have no previously requested credit from the merchant, to a prospective purchaser if the merchant or telemarketer represents or implies to the recipient of the notification that any of the following applies:
1. The recipient has in any manner been specially selected to receive the notification or the offer contained in the notification;
2. The recipient will receive a prize or gift if the recipient calls the merchant or telemarketer; or
3. That if the recipient buys one (1) or more items from the merchant or telemarketer, the recipient will also receive additional or other items of the same or different type at no additional cost or for less than the regular price of the items.

No. The law does not prohibit a telephone solicitation to a person whose number is not on the "No Call" list. In addition, under KRS 367.46951(2) the following calls are not considered a "telephone solicitation":

1. A telephone call made in response to an express request of a person called unless the request was made during a prior telephone solicitation.
2. A telephone call made to the debtor or a party to the contract in connection with the payment or performance of an existing debt or contract, the payment or performance of which has not been completed at the time of the call.
3. A telephone call to any person with whom the telemarketer or merchant has a prior or existing business relationship, including but not limited to the solicitation of contracts for the maintenance or repair of items previously purchased from the person making the solicitation or on whose behalf the solicitation is made.
4. 1. A telephone call made by a merchant or telemarketer located in Kentucky to a location outside of the Commonwealth of Kentucky.
   2. A telephone call made by one merchant to another.

Effective June 26, 2007 the Kentucky Do Not Call List will be maintained by the National Do Not Call Registry. To obtain the Kentucky Do Not Call List you must complete an application with the National Do Not Call Registry.

The Kentucky list – consisting of area codes 270, 502, 606, 859 – is available at no cost from the National Do Not Call Registry.

To ensure compliance the FTC requires telemarketers to search the National Do Not Call List every 31 days.

Yes. The law applies to all telephone solicitations that are placed to residential or wireless telephone numbers on the Kentucky "No Call" list regardless of origin.

Under KRS 367.990(25)(a) any "telemarketing company", "merchant", "telemarketer", or "caller" making or causing to be made a telephone solicitation to a telephone number on the list they shall be assessed a civil penalty of not more than $5,000.00 for each offense. Under KRS 367.990(23) any "telemarketing company", "merchant", "telemarketer", or "caller" who three (3) times in one (1) calendar year knowingly and willfully calls a telephone number on the "No Call" list shall be guilty of a Class D felony.

Telemarketing company
Effective July 15, 2002, at least ten (10) days prior to doing business in Kentucky, a "telemarketing company" is required to file a completed Registration Statement, a surety bond in the amount of $50,000.00, a premium surety bond, if applicable, and a registration fee of $300.00.

The telemarketing company registration is valid for one (1) year from the effective date and may be renewed annually by filing a new registration statement, bond, and paying a filing fee of $50.00. For more information on the annual registration requirement for a "telemarketing company," refer to the sidebar.

Merchant
A "Merchant" conducting "telephone solicitations" is only required to obtain the "No Call" list.

Yes. There are numerous rules affecting telemarketing companies as well as merchants, including KRS 367.49651 which lists acts that are prohibited under the law. Violations of these and other provisions can result in both civil and criminal penalties. The law also contains disclosure requirements and contract requirements that apply to all telephone solicitations. Telemarketers and merchants should carefully review the entire statute and possibly consult legal counsel to determine how the law affects their business.

"Automated calling equipment" is defined at KRS 367.46951(10) as "any device or combination of devices used to select or dial telephone number and to deliver recorded messages to that number without the use of a live operator."

KRS 367.46955(18) prohibits the use of automated calling equipment unless the "call is made with the prior express consent of the called party" or "is initiated for emergency purposes by schools..."