§ 2325. Definition

In this chapter, the term “telemarketing or email marketing”—

• (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;
  • (C) a charitable contribution, donation, or gift of money or any other thing of value;
  • (D) investment for financial profit;
  • (E) participation in a business opportunity;
  • (F) commitment to a loan; or
  • (G) participation in a fraudulent medical study, research study, or pilot study,
• (2) does not include the solicitation through the posting, publication, or mailing of a catalog or brochure that—
  • (A) contains a written description or illustration of the goods, services, or other opportunities being offered;
  • (B) includes the business address of the solicitor;
  • (C) includes multiple pages of written material or illustration; and
  • (D) has been issued not less frequently than once a year,