Common use of Exceptions to Telemarketing Regulations Clause in Contracts

Exceptions to Telemarketing Regulations. A Wellness Advisor may place telephone calls to prospective Customers or Wellness Advisors under the following limited situations: I. If the Wellness Advisor has an established business relationship with the prospect; II. In response to the prospect’s personal inquiry or application regarding a product or service offered by the Wellness Advisor, within three (3) months immediately before the date of such a call; III. If the Wellness Advisor receives written and signed permission from the prospect authorizing the Wellness Advisor to call; IV. If the call is to family members, personal friends, and acquaintances. However, if a Wellness Advisor makes a habit of collecting business cards from everyone he/she meets and subsequently calls them, the FTC may consider this a form of telemarketing that is not subject to this exemption; V. Wellness Advisors engaged in calling “acquaintances,” must make such calls on an occasional basis only and not as a routine practice.