Can I ignore consumer requests for information or deletion in New Jersey? What are the requirements?

Based on the provided context documents, you cannot ignore consumer requests for information or deletion in New Jersey. The state has specific regulations and procedures in place for handling such requests.

Procedures for Requests

NJAC 5:3-1.4 outlines the procedures for requests for government records. It states that requests shall be in writing and can be hand-delivered, mailed, or transmitted electronically. The custodian of records must estimate the cost of providing a copy of the record and advise the requestor within seven days of receipt of the request. The custodian must respond to the request in writing within seven business days and provide the requestor with the amount of any copying cost and directions for submitting payment. No fee shall be charged for inspecting or examining government records.

Recordkeeping Requirements

NJAC 13:45D-3.10 outlines the recordkeeping requirements for registered telemarketers. It states that each registered telemarketer shall maintain a no telemarketing call list, documentation attesting to the date of receipt of the no telemarketing call list, sales scripts and written materials used for telemarketing purposes, name, any fictitious name used, last known home address and telephone number, and job title of all current and former individuals making telemarketing sales calls on behalf of the applicant, all phone records and contracts associated with the telephone lines, channels, or other technology used for telemarketing calls, policies and procedures manuals relating to training and compliance with the Act and rules, records and evidence of employee training in the requirements of telemarketing regulation, if telemarketing sales calls are recorded, the tape recordings of the telemarketing sales calls, a log which includes the phone number, date, and time of each and every telemarketing sales call, requests to be placed on the telemarketer specific no telemarketing call list, and the telemarketer specific no telemarketing call list. The information and records required shall be retained by the registered telemarketer for a period of at least two years and shall be provided on request in a readily available format for inspection by the Director or the Director’s authorized representative.

Perfecting a Consumer Complaint

NJAC 13:45G-1.5 outlines the procedures for perfecting a consumer complaint. It states that a consumer who wants to file a consumer complaint against a licensee shall include in or with communications to a board, the Director through the Attorney General or the Attorney General all of the information about the matter available to the consumer, together with supporting documentation. When the board, the Director through the Attorney General or the Attorney General receives communications and information constituting a consumer complaint, it shall notify the consumer that the consumer’s communications and accompanying information is or has been deemed to be a completed consumer complaint, indicating the date the consumer complaint was received or the date that the consumer complaint was deemed to be complete.

Based on the above regulations, it is clear that consumer requests for information or deletion cannot be ignored in New Jersey. If you receive such a request, you must respond in writing within seven business days and provide the requestor with the amount of any copying cost and directions for submitting payment. Additionally, registered telemarketers must maintain a no telemarketing call list and other records for a period of at least two years and provide them on request in a readily available format for inspection by the Director or the Director’s authorized representative.

Jurisdiction

New Jersey

• Privacy