• No person or entity may place a telephone solicitation to a residential telephone number using a pre-recorded message, without express permission of the number's owner.
• No person or entity may send a fax advertisement to a residential telephone number.

Exemptions

Three exemptions allow a seller or telemarketer to place a telephone solicitation during the prohibited hours, or to a residential telephone number that has been added to the do-not-call registry. These are:

• With the express invitation or permission of the consumer.
• To a person with whom the seller has an established business relationship (EBR); and
• To a person with whom the seller has a close personal, or "first-hand" relationship.

To take advantage of the exemption based on the express invitation or permission of the consumer, the invitation or permission must be in writing and signed by the consumer. The writing should contain the residential telephone number and the name of the consumer. A referral from another client will not satisfy this exemption. A returned mail card, e-mail or other responsive writing will.