§2325 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Says "telemarketing or email marketing" means any plan, program, promotion, or campaign that tries to get people to do seven things: buy goods or services; enter contests or sweepstakes; give money or gifts to charity; invest for profit; join a business opportunity; agree to a loan; or take part in a fraudulent medical, research, or pilot study. Does not count requests that come from a catalog or brochure that has pictures or descriptions of what is offered, shows the seller’s business address, has more than one page, and is published at least once a year.

Title 18, §2325

Crimes and Criminal Procedure — Source: USLM XML via OLRC

In this chapter, the term “telemarketing or email marketing”—

(1)means a plan, program, promotion, or campaign that is conducted to induce—

(A)purchases of goods or services;

(B)participation in a contest or sweepstakes;

(C)a charitable contribution, donation, or gift of money or any other thing of value;

(D)investment for financial profit;

(E)participation in a business opportunity;

(F)commitment to a loan; or

(G)participation in a fraudulent medical study, research study, or pilot study,

(2)does not include the solicitation through the posting, publication, or mailing of a catalog or brochure that—

(A)contains a written description or illustration of the goods, services, or other opportunities being offered;

(B)includes the business address of the solicitor;

(C)includes multiple pages of written material or illustration; and

(D)has been issued not less frequently than once a year,

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2325, added Pub. L. 103–322, title XXV, § 250002(a)(2), Sept. 13, 1994, 108 Stat. 2082; amended Pub. L. 107–56, title X, § 1011(d), Oct. 26, 2001, 115 Stat. 396, related to definition of “telemarketing”, prior to repeal by Pub. L. 115–70, title IV, § 402(a)(2), Oct. 18, 2017, 131 Stat. 1213.

Statutory Notes and Related Subsidiaries

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Pub. L. 103–322, title XXV, § 250001, Sept. 13, 1994, 108 Stat. 2081, provided that: “This Act [probably should be “title”, meaning title XXV (§§ 250001–250008) of Pub. L. 103–322, which enacted this chapter, amended section 1029, 1341, and 3059 of this title, and enacted provisions set out as notes under this section and section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Senior Citizens Against Marketing Scams Act of 1994’.” Information Network Pub. L. 103–322, title XXV, § 250008, Sept. 13, 1994, 108 Stat. 2088, as amended by Pub. L. 104–294, title VI, § 604(b)(29), Oct. 11, 1996, 110 Stat. 3508, provided that: “(a) Hotline.—The Attorney General shall, subject to the availability of appropriations, establish a national toll-free hotline for the purpose of—“(1) providing general information on telemarketing fraud to interested persons; and “(2) gathering information related to possible violations of provisions of law amended by this title [see

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note above]. “(b) Action on Information Gathered.—The Attorney General shall work in cooperation with the Federal Trade Commission to ensure that information gathered through the hotline shall be acted on in an appropriate manner.”

§2325 Definition

Summary

Title 18, §2325

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Statutory Notes and Related Subsidiaries

Short Title

Short Title

Citations & Metadata