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Can I use third-party customer service tools that collect personal information in New Jersey? What are the requirements?
Based on the provided context documents, if you are using third-party customer service tools that collect personal information in New Jersey, you must comply with the following requirements:
Call requirements
According to NJAC 13:45D-4.3, if you are making any telemarketing sales call to a New Jersey customer, you must disclose certain information within the first 30 seconds of the call, including the name of the person making the call, the name of the telemarketing entity making the call, the name of the person or entity on whose behalf the call is being made, and the purpose of the call.
Customer registration
If you are making telemarketing sales calls, you must comply with NJAC 13:45D-5.1, which requires customers who wish to be placed on the no telemarketing call list to register by calling the Federal toll-free registration number, registering online at the National Do Not Call Registry website, or registering online using the Division website.
Recordkeeping requirements
If you are a registered telemarketer, you must comply with NJAC 13:45D-3.10, which requires you to maintain certain information and records, including the 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, and a log which includes the phone number, date, and time of each and every telemarketing sales call.
License or registration required
If you are acting as, offering to act as, or holding yourself out to be a third party administrator in New Jersey, you must be licensed or registered by the Commissioner as set forth in NJAC 11:23-2.1. Additionally, all third party administrators subject to licensure or registration shall obtain licensure or registration prior to operating in this State. The application filing requirements for licensure or registration of third-party administrators can be found in NJAC 11:23-2.2.
Written agreement between third party billing service and client
If you are a third party billing service, you must have a written agreement with your client that includes provisions setting forth the respective liability of the client and the third party billing service for the accuracy and eligibility of submitted claims, and for the prompt submission of claims to a benefits payer other than an automobile insurer pursuant to the provisions of 17B:30-23 and N.J.A.C. 11:22-3. The written agreement shall be retained as part of the official records of the third party billing service for the duration of the agreement, as per NJAC 11:23-5.6.
Based on the provided context documents, there are no specific requirements related to third-party customer service tools that collect personal information in New Jersey. However, if you are collecting personal information through telemarketing sales calls, you must comply with the call requirements and recordkeeping requirements outlined above. Additionally, if you are acting as a third party administrator or billing service in New Jersey, you must be licensed or registered and have a written agreement with your client.
Please note that this response is based solely on the provided context documents. If you have additional questions or concerns, you may want to consult with a legal professional.
Jurisdiction
New Jersey