New Jersey’s telemarketing law asks more of a caller than the federal rules do. A company making unsolicited sales calls to New Jersey residents has to register, name itself and its client within 30 seconds, skip numbers on the state’s no call list, and stop calling at 9 p.m. Since December 2023, that 30-second disclosure must include the seller’s phone number. The law gives a defense to companies with written procedures, and it’s one the federal statute doesn’t spell out the same way.
Who does New Jersey’s no call law cover?
Telemarketers calling New Jersey residents to sell. Under N.J.S.A. 56:8-120, as amended in 2004, a “Telemarketer” is any business “whether on behalf of itself or others, who makes residential telemarketing sales calls to a customer when the customer is in this State or any person who directly controls or supervises the conduct of a telemarketer.” A “Customer” is “an individual who is a resident of this State and a prospective recipient of a telemarketing sales call.”
Registration comes first. Under N.J.S.A. 56:8-121, no one may make an unsolicited telemarketing sales call to a New Jersey customer unless that person “is registered with or employed by a person who is registered with the Division of Consumer Affairs,” and every telemarketer, including those located outside the state, “shall annually register with the director.”
That second clause of the telemarketer definition matters for sellers. A company that hires a call center and directs its campaigns can be a telemarketer under the statute even if its own employees never dial.
The law reaches telephone calls. The same section says “Telemarketing” is a campaign “conducted by telephone” and “does not include the solicitation of sales through media other than a telephone call.” The statute doesn’t mention text messages. A business that only texts New Jersey numbers still faces the federal rules, but the state act’s fit to texting is an open argument, and it’s one worth making.
Two kinds of calls fall outside the “unsolicited” category. The definition excludes a call “in response to an express written request of the customer called” and a call “to an existing customer,” unless that customer “has stated to the telemarketer that the customer no longer desires to receive the telemarketing sales calls of the telemarketer.”
What must a telemarketer do on every call?
Identify itself quickly. As amended by P.L.2023, c.58, N.J.S.A. 56:8-128(b) requires a telemarketer, “within the first 30 seconds of the call,” to identify its own name and “the name and telephone number of the person on whose behalf the call is being made, and the purpose of the call.” The amendment added the seller’s telephone number to the list. It was approved May 15, 2023, and by its terms took effect on the first day of the seventh month after enactment, which was December 1, 2023.
The same law makes a violation of that subsection “a disorderly persons offense.” It also requires a telemarketer “to disclose the mailing address of the telemarketer, and any company on whose behalf the company is telemarketing, on any website owned or operated by the telemarketer and on any subsequent written communication to a customer.”
The hours rule is in subsection (d): no unsolicited sales call “between the hours of 9:00 p.m. and 8:00 a.m., local time,” measured where the customer is. That matches the federal window. The caller ID rule in subsection (e) bars any method that “blocks a caller identification service” or “displays a telephone number or name not associated with the telemarketer.”
The 30-second rule is the one scripts break. A live agent who opens with a survey question, or a prerecorded message that names a brand but not the seller’s phone number, can miss it. Scripts used for New Jersey numbers should put the seller’s name and number in the first two sentences.
What does the no call list rule require?
Don’t call listed numbers, with a short grace period. Subsection (a) bars unsolicited calls to a customer whose number is on the state’s no telemarketing call list, “except for a call made within three months of the date the customer’s telephone number was first included on the no call list,” and only if the telemarketer hadn’t yet obtained a list that included the number and was using a list “issued less than three months prior to the time the call was made.”
The state’s list is tied to the federal one. Under N.J.S.A. 56:8-127, the Division of Consumer Affairs maintains the list and “may utilize for this purpose, in any manner the director deems appropriate, the national do-not-call registry as maintained by the Federal Trade Commission.” A business scrubbing against the federal Registry should confirm it’s also meeting the state’s list requirements.
The federal Registry rule is stricter on timing. The FCC’s safe harbor at 47 C.F.R. § 64.1200(c)(2)(i)(D) refers to a registry version “obtained from the administrator of the registry no more than 31 days prior to the date any call is made.” A company that refreshes its scrub monthly satisfies both.
Can businesses make sales calls to New Jersey cell phones?
Not unsolicited ones. As amended by P.L.2015, c.2, N.J.S.A. 56:8-130 provides that “A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call to a commercial mobile service device of any customer,” with a narrow exception for a wireless carrier calling its own customers.
The section has a condition. Subsection (c) says it applies to those numbers “which the division is able to distinguish from numbers for devices for telecommunications service,” starting “on the 30th day following certification of such to the Governor and the Legislature.” Whether a given number was covered on a given date depends on that certification and on the division’s ability to identify the number as wireless. A company defending a cell phone claim should ask the plaintiff to prove both.
The 2015 amendment narrowed the earlier ban. The bill statement explains that before the change, the law prohibited “all telemarketing sales calls from being made to commercial mobile service devices,” apart from a carrier calling its own customers. Now only unsolicited calls are covered, so calls made at a customer’s express written request, or to existing customers who haven’t opted out, aren’t caught by this section.
How is the law enforced, and what defenses apply?
Through the Consumer Fraud Act’s penalty provisions. Under N.J.S.A. 56:8-132, “A violation of any provision of this act shall be an unlawful practice subject to the penalties applicable pursuant to section 1 of P.L.1966, c.39 (C.56:8-13) and section 2 of P.L.1999, c.129 (C.56:8-14.3).” Unlike 47 U.S.C. § 227(c)(5), the New Jersey act doesn’t set its own per-call statutory damages amount for consumers.
The same section contains a compliance defense. A person “may not be held liable for violating this act” if it has obtained and “updated quarterly, the no call list and has established and implemented written policies and procedures,” has trained its telemarketers, keeps records showing compliance, and the call itself “is an isolated call made no more than one time in a 12-month period.” All four conditions must be met.
This is the most useful part of the statute for a defendant, and the conditions are paperwork a company can build now. A written policy, training records, and quarterly list updates won’t stop every stray call, but they turn a single mistaken call into a defense instead of a violation.
| Requirement | Source | Federal counterpart | Where the defense starts |
|---|---|---|---|
| Registration before calling | N.J.S.A. 56:8-121 | None | Registration records |
| Seller name, phone, and purpose within 30 seconds | N.J.S.A. 56:8-128(b) | Identification rules in 47 C.F.R. § 64.1200(d)(4) | Call scripts and recordings |
| No calls to the no call list | N.J.S.A. 56:8-128(a) | Registry rule in § 64.1200(c)(2) | List version dates and the three-month window |
| No calls 9 p.m. to 8 a.m. | N.J.S.A. 56:8-128(d) | 8 a.m. to 9 p.m. | Call times in the customer’s time zone |
| No unsolicited calls to cell phones | N.J.S.A. 56:8-130 | Consent rules for autodialed and prerecorded calls | Division certification and written requests |
| Isolated-call defense | N.J.S.A. 56:8-132 | Safe harbor in § 64.1200(c)(2)(i) | Written policies, training, and records |
What to collect when a New Jersey claim arrives
- Preserve call logs, dialer data, recordings, and any written requests or customer records for the number.
- Pull the internal do-not-call entries for the number, with the date each was received.
- Pull the no call list and Registry versions used for the campaign, with the date each was obtained.
- Gather the call scripts, the vendor contracts, and the company’s New Jersey registration records.
- Talk to a lawyer before responding to the claimant, a demand letter, or a Division of Consumer Affairs inquiry.
Companies with calls to several states can compare these rules with the earlier post on California’s telemarketing and text laws. Businesses comparing counsel can read about the firm’s work defending TCPA class actions in California.
Questions about New Jersey’s telemarketing law
Does New Jersey’s no call law apply to text messages?
The statute is written for telephone calls. It defines telemarketing as a campaign conducted by telephone and excludes solicitation through media other than a telephone call. It doesn’t mention texts. Texts to New Jersey numbers remain subject to the federal TCPA and the FCC’s rules, so a texting program shouldn’t treat the state law’s silence as permission.
Does the seller have to be named, or only the call center?
Both. Since the 2023 amendment took effect, the telemarketer must give its own name and the name and telephone number of the person on whose behalf it’s calling, plus the purpose of the call, within the first 30 seconds. Sellers that use outside call centers should require that disclosure in their vendor contracts and check recordings for it.
Who is an existing customer under the New Jersey law?
The statute doesn’t set a time limit. An unsolicited call excludes a call to an existing customer unless the customer told the telemarketer it no longer wants sales calls. Federal law limits its business relationship exemption to 18 months after a purchase, so a business relying on the New Jersey exclusion should check the federal rule too.
Can one mistaken call create liability in New Jersey?
Not if the company meets the statute’s defense. A person isn’t liable for an isolated call made no more than once in 12 months if it updates the no call list quarterly, has written policies and procedures, trains its telemarketers, and keeps records showing all of that. Missing any one of those conditions loses the defense.
If a New Jersey no call claim names your company
If your company is accused of calling New Jersey numbers on the no call list or calling New Jersey cell phones, the list version dates and the written compliance records usually decide whether the claim survives. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving calls to state no call list numbers. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
The New Jersey sources are the session laws on the Legislature’s site: P.L.2003, c.76, P.L.2003, c.208, P.L.2015, c.2, and P.L.2023, c.58. The federal sources are 47 U.S.C. § 227 and 47 C.F.R. § 64.1200.
This post is general information about the Telephone Consumer Protection Act and related laws as of June 6, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.