§ 2325. Definition
In this chapter, “telemarketing”—
(1)
means a plan, program, promotion, or campaign that is conducted to induce—
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—
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.