Just like insurance agents, real estate brokerages and even lawyers, most states have licensing that professionals must obtain in order to do business in their state. This includes telemarketing companies in 32 states! Unless your telemarketing lawyer can find you an exemption, you will likely need at least some telemarketing licenses. This is not the end of the world - lots of brands navigate this process and get their call center into licensing compliance. It's usually a matter of completing an application, providing documents like phone scripts, and a few states will want you to obtain an inexpensive surety bond. Fill your forms out right though, or risk rejection and fines!
Welcome to the web's home for free information about state telemarketing licenses.
Just like insurance agencies, real estate brokerages and stock brokers need state licensing to conduct business, many states also require telemarketing businesses to obtain special licensing. In some states, only the call center vendor needs a telemarketing license; in other states, both the call center and the product seller need licensing. In a few states, like Florida, they even require the individual phone agents to have personal telephone solicitor licenses. When obtaining a telemarketing license, some states will also require the company to purchase a telemarketing surety bond.
My company makes all of its calls from our home state, so can't I just get my home-state's telemarketing license? No - you must also obtain a telemarketing license for the states you call into. I.e., if your company is located in Utah, but you call all 50 states, your legal counsel needs to conduct a 50-state licensing and exemption analysis to see which telemarketing licenses you need and in which states you are exempt. Many telemarketer license exemptions apply!
No national telemarketing license is required, but about 30 states currently require telemarketers to obtain a state-specific telemarketing license before calling into (or from) those states. Telemarketing license requirements vary by state. The forms and fees for these telemarketing registrations also vary and change over time.
In order to obtain a state's telemarketing license, call centers and sellers must go through a telemarketing registration process and obtain approval. Forms must be completed and signed, all required exhibits must be attached, and in some cases an application fee and surety bond must be submitted. Some states now allow businesses to apply online. These telemarketing license requirements are completely separate from state DNC lists and state autodialer permits. State telemarketing licenses are also separate from the national DNC list. As you can see, many layers of regulation apply to telemarketing activities. Always consult your legal counsel before making compliance decisions.
This website provides some introductory information about state telemarketing registrations and telemarketing licenses. This information is cursory only, and is not a substitute for the advice of an experienced telemarketing attorney. As useful as it may be, this information is not guaranteed to be accurate or up-to-date. Without a doubt, some errors or omissions exist.
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