Current acts

for telemarketing

  • Penalties for breaching the Fair Trading Act:
    Courts can fine businesses found guilty of breaching the uninvited direct sales provisions of the Fair Trading Act up to $30,000 and individuals up to $10,000. If a business fails to comply with the information disclosure requirements, the Commission can also issue an infringement notice and a fine of up to $2,000 without a court order.
  • Door-to door and telemarketing fact sheet.
    – Commerce Commission NZ
  • Cross border telemarketing:
    Telemarketing is a common form of direct contact advertising used by a wide range of businesses for their advertising and sales. It is often outsourced to specialist telemarketing firms – some of which are based offshore. Whether or not a telemarketing firm is based in New Zealand or overseas, any telemarketing calls made into New Zealand fall under the Fair Trading Act, and the Commission can take action against overseas conduct affecting New Zealand consumers. Example: An Australian-based telemarketing company made false and misleading statements regarding the benefits of membership of an accommodation discount scheme. The court ruled that telephone calls into New Zealand constituted conduct in New Zealand, and granted an injunction. The company was subsequently convicted and fined.
  • Fair Trading Act fact sheet
    – Commerce Commission NZ
  • Anti-Spam act
    – The Department of Internal Affairs.