§ 2325. — Definition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2325]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 113A--TELEMARKETING FRAUD
Sec. 2325. Definition
In this chapter, ``telemarketing''--
(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; or
(C) a charitable contribution, donation, or gift of money or
any other thing of value,
by use of 1 or more interstate telephone calls initiated either by a
person who is conducting the plan, program, promotion, or campaign
or by a prospective purchaser or contest or sweepstakes participant
or charitable contributor, or donor; but
(2) does not include the solicitation of sales through the
mailing of a catalog that--
(A) contains a written description or illustration of the
goods or services offered for sale;
(B) includes the business address of the seller;
(C) includes multiple pages of written material or
illustration; and
(D) has been issued not less frequently than once a year,
if the person making the solicitation does not solicit customers by
telephone but only receives calls initiated by customers in response
to the catalog and during those calls takes orders without further
solicitation.
(Added Pub. L. 103-322, title XXV, Sec. 250002(a)(2), Sept. 13, 1994,
108 Stat. 2082; amended Pub. L. 107-56, title X, Sec. 1011(d), Oct. 26,
2001, 115 Stat. 396.)
Amendments
2001--Par. (1). Pub. L. 107-56 added subpar. (C) and inserted ``or
charitable contributor, or donor'' before semicolon in concluding
provisions.
Short Title
Section 250001 of title XXV of Pub. L. 103-322 provided that: ``This
Act [probably should be ``title'', meaning title XXV (Secs. 250001-
250008) of Pub. L. 103-322, which enacted this chapter, amended sections
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
Section 250008 of title XXV of Pub. L. 103-322, as amended by Pub.
L. 104-294, title VI, Sec. 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 Short Title 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.''
Section Referred to in Other Sections
This section is referred to in sections 982, 2703 of this title.
