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NJ telemarketing rules

New Jersey telemarketing rules

New Jersey requires telemarketers to register every year with the Division of Consumer Affairs, uses the national do not call registry for its no call list, bars unsolicited sales calls from 9 p.m. to 8 a.m., and limits recorded message calls.

From official sources, checked September 26, 2026. General information, not legal advice.

Key facts

  • Every telemarketer calling New Jersey customers, including one based outside the state, must register with the Division of Consumer Affairs each year.
  • The telemarketing law defines a customer as an individual who is a New Jersey resident and a prospective recipient of a telemarketing sales call.
  • A 2023 amendment requires telemarketers to post their mailing address on websites they own or operate.
  • The Division's FAQ says business to business calls are not covered.

Annual registration with the Division of Consumer Affairs

N.J.S.A. 56:8-121, 56:8-122

No person may make an unsolicited telemarketing sales call to a customer in New Jersey unless that person is registered with, or employed by someone registered with, the Division of Consumer Affairs. Every telemarketer, including one whose residence or principal place of business is outside the state, registers annually on the director's form and files a disclosure statement about certain criminal convictions. The Division's FAQ says a seller running its own campaign registers as a telemarketer, and that when a seller hires a telemarketer, the telemarketer registers.

A no call list built on the national registry

N.J.S.A. 56:8-127, 56:8-128(a), 56:8-132

The Division keeps a no telemarketing call list and may use the Federal Trade Commission's national do not call registry for it. The Division's fact sheet says anyone on the federal registry is automatically on New Jersey's list. A telemarketer may not make an unsolicited telemarketing sales call to a listed number, except a call within three months after the number was first listed, made from a list issued less than three months earlier that did not yet include it. A person is not liable if it updates the list quarterly, keeps written procedures, trains its telemarketers, keeps records, and the call was isolated, made no more than once in 12 months.

Calling hours

N.J.S.A. 56:8-128(d), 56:8-120

A telemarketer may not make an unsolicited telemarketing sales call to any customer between 9 p.m. and 8 a.m., local time, at the customer's location. The statute does not set different hours for weekends or holidays. Calls made at the customer's express written request, or to an existing customer who has not asked to stop, are not unsolicited calls under the act.

Recorded messages and mobile numbers

N.J.S.A. 48:17-28; 56:8-130

A caller within New Jersey may not use a telephone line to deliver a recorded message to a subscriber in the state, other than for emergency purposes, unless an operator introduces the message and obtains the subscriber's consent before playing it, or a prior or current relationship exists between them. Separately, the telemarketing law bars unsolicited telemarketing sales calls to a customer's mobile device, for numbers the Division can distinguish, starting 30 days after it certifies that to the Governor and Legislature.

Requests and existing customers

N.J.S.A. 56:8-120, 56:8-128(f)

New Jersey's no call list and calling hours rules reach only unsolicited calls. A call made in response to an express written request of the customer, or to an existing customer who has not asked to stop, is not unsolicited. Since the 2023 amendment, the section holding the no call list, calling hours, identification, address disclosure, and caller ID rules also does not apply to a residential marketing call made in response to the customer's phone call or website contact in which the customer affirmatively requests a follow up call or other contact.

Identification, caller ID, and address disclosure

N.J.S.A. 56:8-128(b), (c), (e); 56:8-132

Within the first 30 seconds of a telemarketing sales call, the telemarketer must accurately give its name, the name and telephone number of the person on whose behalf it is calling, and the purpose of the call. A telemarketer may not intentionally block or circumvent caller ID, including by displaying a number or name not associated with it. It must disclose its mailing address, and that of any company it calls for, on its websites and later written communications. A violation of the act is an unlawful practice subject to Consumer Fraud Act penalties.

Calls to businesses

N.J.S.A. 56:8-120

The act defines a customer as an individual who is a resident of New Jersey, and a telemarketer as one who makes residential telemarketing sales calls to a customer in the state. The Division's FAQ says the New Jersey law and the federal registry cover only residential and personal phone numbers, and that business to business calls are not covered.

Recording calls

N.J.S.A. 2A:156A-4(d)

New Jersey's wiretap law says it is not unlawful for a person not acting under color of law to intercept a wire, electronic, or oral communication when that person is a party to it, or when one of the parties has given prior consent, unless the communication is intercepted or used to commit a criminal, tortious, or other injurious act.

Questions

Does a telemarketer outside New Jersey have to register there?

Yes. The registration section says every telemarketer, including telemarketers whose residence or principal place of business is outside New Jersey, must register annually with the director of the Division of Consumer Affairs.

What changed in New Jersey telemarketing law in 2023?

P.L.2023, c.58, approved May 15, 2023, added the seller's name and telephone number to the required opening identification and made a violation of that rule a disorderly persons offense. It also added the mailing address disclosure and the exception for calls a customer requests by phone or through the telemarketer's website.

Does New Jersey allow prerecorded sales messages?

A caller within New Jersey may deliver a recorded message to a subscriber in the state only if an operator first introduces it and obtains consent, or the caller and subscriber have a prior or current relationship, with an exception for emergency purposes. The same law does not bar recorded messages about goods or services previously ordered or purchased.

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