united-states jurisdiction telemarketing
Which state telemarketing laws apply to interstate calls?
<p>Base question:
Suppose a <strong>t</strong>elemarketer in State T calls a <strong>c</strong>onsumer who is a resident of, has a phone number associated with, and is physically present in, State C.  In addition to federal law applying, <strong>which state's telemarketing laws apply?</strong></p>

<p>Twist 1: What if the caller's location (State T) is unknown?</p>

<p>Twist 2: What if the consumer's physical/resident location is unknown?  That is, for this twist, suppose the consumer is not actually in State C when called, but still has a phone number from there.  (Assume State C remains identifiable by the consumer's phone number).</p>

<p>Twist 3: What if the <strong>p</strong>roduct being sold is partially or completely geographically tied to State P, such that the consumer would have to travel to P to use any purchase?  </p>

<p>Bonus points for case or law citations. </p>

<p>State T and state C have jurisdiction.</p>

<p>Twist 1: doesn't matter - just because people don't know where you are doesn't mean local law stops applying</p>

<p>Twist 2: it still remains a state C telecommunications channel so they still have jurisdiction, in addition, the state where the person is does too.</p>

<p>Twist 3: then state P also has jurisdiction</p>

<p>In all cases, "has jurisdiction" means "the relevant court in that state will decide if they have jurisdiction".</p>

<p>Jurisdiction is <strong>not</strong> an "I've got it so nobody else has" thing; it's an "I've got it, would you like it too" thing.</p>

<p>Both, and so does federal law.</p>

<p>Twist 1: The fact that the caller's location is unknown means only that the recipient is unaware which state's laws govern the caller's location.  If someone in New Hamphire breaks New Hampshire law in calling someone in Vermont, the fact that the Vermonter is unaware that the caller is in New Hampshire does not make the call legal.</p>

<p>Twist 2: In that case, the laws of state C are probably no longer applicable, but I'm not sure, and it's a separate question that should be asked as such.</p>

<p>Twist 3: In that case, the laws of state P may also come into play.  Then again, they may not.</p>

<p>Sorry, I have no citations to support the first paragraph, but common sense states that the caller is subject to the jurisdiction of the state where he or she is calling from by virtue of the fact that he or she is located in that state.  Similarly, the recipient is protected by the laws of his or her state by virtue of his or her location in that state.</p>

<p>@phoog and @DaleM have covered the situation with state laws and intra-state calls.</p>

<p>But for mobile phones (not landlines) in particular, Federal laws comes into play:</p>

<blockquote>
  <p>Placing telemarketing calls to wireless phones is - and always has
  been - illegal in most cases. <em>(From <a href="https://www.fcc.gov/consumers/guides/wireless-phones-and-national-do-not-call-list" rel="nofollow">https://www.fcc.gov/consumers/guides/wireless-phones-and-national-do-not-call-list</a> )</em></p>
</blockquote>

<p>And Federal law trumps state law:
<a href="https://en.wikipedia.org/wiki/Federal_preemption" rel="nofollow">https://en.wikipedia.org/wiki/Federal_preemption</a></p>

<p>So your company can be fined by the FCC for telemarketing in any respect to mobile phones.</p>

<p>And with many sites such as <a href="http://whocallsme.com" rel="nofollow">http://whocallsme.com</a> available on the web, it's easy for people to corroborate you're a telemarketer and inform the FCC, too.</p>
