Telephone Solicitation for FAQ's for Businesses
The Wyoming Attorney General’s Office has provided this information to assist merchants and telephone solicitors in complying with the statutory requirements for telephone solicitation. This information is not provided as legal advice or intended to be legal advice. If legal advice is required, please consult your private attorney.
1. Is my business required to comply with the Do-Not-Call Law?
The Do-Not-Call law normally applies only if your business makes more than 225 unsolicited telephonic sales calls per year.
2 What is a "telephonic sales call"?
Wyoming law defines "telephonic sales call" as a call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of any consumer goods or services, for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes. Wyoming Statute § 40-12-301(a)(ix).
3. Are there exemptions to the Do-Not-Call Law?
The Do-Not-Call Law does not apply to calls made at the request of the person called, made primarily in connection with an existing debt or contract (payment or performance of which has not been completed at the time of the call), or made to a person with whom the caller has an established business relationship. Most charity and political fundraisers are also exempt.
4. Does my business have to join the Direct Marketing Association in order to obtain the Telephone Preference Service's Do-Not-Call List?
The law only requires that you do not call Wyoming numbers that appear on the current DMA list. It does not require that you or your business join the DMA or subscribe to the Do-Not-Call listing.
5. What are the disclosure requirements?
The Do-Not-Call Law requires that telemarketers disclose at the beginning of the call the name of the individual caller, the identity of the telephone solicitor or merchant, and a telephone number and address at which the telephone solicitor or merchant may be contacted. The Do-Not-Call Law also requires the telephone solicitor or merchant to disclose that the purpose of the call is to sell consumer goods or services and the nature of the goods or services being sold at the beginning of the call.
6. What filing requirements does the Do-Not-Call Law impose?
Each telephone solicitor or merchant making unsolicited telephonic sales call to Wyoming numbers must file a statement giving notice of activity and designating an agent for service of process with the Wyoming Attorney General's Office.
7. Are there prohibitions against automated sales calls?
Solicitors or merchants are prohibited from making telephonic sales calls involving an automated system for the selection or dialing of numbers or the playing of a recorded message when a connection is completed. Some uses of auto-dialers are also considered crimes.
