Places automated calls, in Delaware

Del. Code Ann. tit. 6, section 12B-100 · Read the law's page

• Implement and maintain reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclosure, or destruction of that personal information, collected or maintained in the regular course of business.
• This binds any person, including a government entity, that conducts business in Delaware and owns, licenses, or maintains personal information of a Delaware resident.
• There is no separate compliance runway to build against: the duty has been in force since April 14, 2018, when 81 Del. Laws, c. 129, section 1 took effect 240 days after its August 17, 2017 approval.
• Expect enforcement only from the Delaware Attorney General, through the Director of Consumer Protection, seeking to address a violation and to recover direct economic damages; the chapter does not itself state whether a private plaintiff may also sue.

11 Del. C. § 1311(a)(2), (3), (5) · Read the law's page

• Do not, with intent to harass, annoy or alarm another person, communicate with that person by telephone, telegraph, mail or any other written or electronic means, including an intrastate sales call, in a manner you know is likely to cause annoyance or alarm.
• Do not knowingly permit a telephone under your control to be used for a purpose this section prohibits.
• Do not, with intent to harass, annoy or alarm another person, make repeated or anonymous telephone calls to that person, whether or not a conversation results, knowing the person is thereby likely to suffer annoyance or alarm.

6 Del. C. §§ 2501A-2510A · Read the law's page

• Unless exempted, obtain a certificate of registration from the Director of the Consumer Protection Unit, post a $50,000 surety bond or letter of credit, and pay the $100 administrative fee before transacting business with a Delaware customer as a telemarketing seller or telemarketing business; a corporation traded on a public exchange or its at least 60-percent-owned subsidiary, a 501(c)(3) or (6) nonprofit organized or qualified in Delaware, a telemarketing business under contract for such a corporation, and the other sellers 6 Del. C. § 2503A(g) lists need not register.
• Keep your advertising and scripts, prize-recipient records, customer and sales records, telemarketing employee records, and payment authorizations for 24 months.
• At the beginning of a solicitation call and before any sales pitch, disclose that the call's purpose is to sell specific merchandise, the telemarketer's name and the name of the seller on whose behalf the call is made, and accurate information about the merchandise offered.
• Before the initial sales call ends and before requesting payment, disclose the total price, any restrictions or conditions on the purchase, material aspects of the merchandise's performance, and the refund, cancellation or exchange policy, plus the specific disclosures this chapter requires for a prize promotion or an investment offer.
• Treat a telemarketing sale as final only 7 business days after the customer receives a written cancellation notice, in at least 12-point bold type and in the language of the sales presentation, unless you give a full refund or satisfaction guarantee with at least 7 days to review the goods or services and disclose that policy and a return address.
• Do not submit a customer's check or draft for payment without the customer's express verifiable authorization (a signed writing, the customer's signature on the instrument, a tape-recorded oral authorization, or a prior written confirmation), represent registration as a government endorsement, take advance payment to recover losses from a prior telemarketing transaction, or send a courier for payment unless the customer can first inspect the merchandise.
• Do not wilfully call or contact a customer for a purpose connected with selling or advertising merchandise for 10 years after the customer has directed you, orally or in writing, to cease and desist.
• These duties do not reach a sale completed only after a face-to-face presentation, a call the customer initiated that was not the result of a solicitation, a business-to-business call, telephone use by a charitable, religious, political, educational, labor or social organization for noncommercial fundraising, a licensed insurance or registered securities professional acting within the license's scope, a supervised financial institution, a qualifying catalog seller, or a sale governed by Public Service Commission or Federal Communications Commission tariffs.