Important Update on D.C.’s Telemarketer Registration Requirements: The Good News and the Bad News

As discussed in one of our previous blog posts, “Registering as a Telemarketer: Does it put you on the State’s Radar?,” many states have some form of telemarketer registration and/or bonding requirements. Although not technically a state, the District of Columbia (D.C.) has required companies to be bonded and registered as a “telephone solicitor” since 2004.

The Bad News:

Although D.C. had never previously provided the required forms necessary to actually complete the registration, this recently changed. The forms are now available from the D.C.’s Department of Consumer and Regulatory Affairs. There are two forms used for registration:

1. The Foreign Registration Statement and a $220 fee
2. The Certificate of Good Standing and a $50 fee

These forms are not telemarketing specific, but general “Certificate to Do Business as a Foreign Corporation” and “Certificate of Good Standing” filings. Additionally, the registration requires a bond in the amount of $50,000; however, this form does not yet appear to be available.

The Good News:

D.C. offers exemptions from its telemarketer registration and bonding requirements. For example, the definition of a “telephone solicitor,” as defined by D.C., does not include a person who initiates a telephone call to a consumer to respond to a consumer’s request. Additionally, a telephone solicitor shall be exempt from the registration and bonding requirements if the telephone solicitor is engaged in a solicitation for the sale of cable television services operating under the authority of a governmental franchise or permit.

A thorough review of the requirements for registration as a “telephone solicitor,” along with the available exemptions will enable your company to determine whether it is required to be bonded and registered when telemarketing into D.C.

For a complete list of the exemptions offered or for information on where to find the registration forms, please contact us at consulting@compliancepoint.comor call us at (770) 255-1100.