# Telephone Solicitation > Telephone Solicitation means initiating a phone conversation to encourage the receiver to trade in goods, services or property. **Term:** Telephone Solicitation **Last updated:** 2026-07-29 ## Definition ## What Telephone Solicitation Means in a Contract Telephone Solicitation, within a contractual context, describes the act of placing a phone call to a person for the purpose of persuading them to purchase, subscribe to, or otherwise trade in goods, services, or property. Contracts that reference this term are typically concerned with regulating how a business, its employees, or third parties may contact prospective or existing customers by telephone as part of a sales or marketing strategy. The term is not limited to consumer sales calls. It can also cover business-to-business outreach, fundraising calls, appointment-setting calls that lead to a sales pitch, and follow-up calls intended to convert an initial inquiry into a paying transaction. What unites these scenarios is the intent behind the call, namely encouraging the recipient to engage in a commercial transaction. Because telephone solicitation touches on privacy expectations and consumer protection concerns, contracts often pair the definition with obligations around consent, timing restrictions, and record-keeping, rather than leaving the practice unregulated between the parties. ## How Telephone Solicitation Is Defined or Measured Most agreements define telephone solicitation by reference to three elements: the medium (a telephone call), the initiator (the soliciting party or someone acting on its behalf), and the purpose (encouraging a trade in goods, services, or property). If any of these elements is missing, for example a call made purely for customer support rather than to sell something, the activity typically falls outside the definition. Some contracts further measure or qualify telephone solicitation by reference to factors such as whether prior consent was obtained, whether the recipient is on a do-not-call list, the time of day the call is made, and whether the caller discloses their identity and purpose at the outset. These qualifying factors are often used to distinguish compliant solicitation from prohibited or restricted contact. - Whether the call was unsolicited or requested by the recipient - Whether the recipient previously opted out of marketing contact - Whether the call is automated or made by a live representative - Whether the call falls within permitted calling hours ## Where Telephone Solicitation Appears in Agreements References to telephone solicitation commonly appear in marketing and sales agreements, call center outsourcing contracts, and agreements between businesses and third-party lead generation providers. A [Public Relations Services Agreement](https://www.genieai.co/en-us/template-type/public-relations-services-agreement) may address telephone solicitation when outlining permitted outreach methods for a campaign, while a [supply of services agreement](https://www.genieai.co/en-us/template-type/supply-of-services-agreement) may restrict a service provider from contacting the client's customers by phone for unrelated sales purposes. The concept also surfaces in non-solicitation clauses within employment or director agreements, where a departing employee or director may be prohibited from telephoning former clients to solicit their business. Industries with high consumer contact, such as retail, insurance, and financial services, frequently include telephone solicitation clauses to manage regulatory exposure and reputational risk. Template documents such as a [Solicitation Letter](https://www.genieai.co/en-us/template-type/solicitation-letter) may also reference telephone solicitation as an alternative or complementary channel to written outreach, clarifying how the two methods interact within a broader marketing or sales strategy. ## Why the Exact Wording Matters Precise wording matters because telephone solicitation sits at the intersection of contractual obligation and regulatory compliance. If a clause defines the term too narrowly, a party might argue that certain calls fall outside its scope and are therefore not subject to agreed restrictions or consent requirements. If defined too broadly, the clause could inadvertently capture legitimate customer service or account management calls, creating unnecessary friction. The wording also determines who bears liability if a call breaches telemarketing rules under the law governing the contract. Clear drafting should specify whether the restriction applies only to the contracting party, or extends to its employees, agents, and subcontractors, since solicitation calls made by third parties on a company's behalf can still expose that company to complaints or penalties. ## Drafting Considerations When drafting a telephone solicitation clause, parties should clearly state what conduct is permitted, restricted, or prohibited, and should specify any required consent mechanisms, such as opt-in confirmations or do-not-call list checks. It is also useful to define whether the clause applies to automated dialing systems, prerecorded messages, or only live calls made by a human representative. Consider addressing record-keeping obligations, such as maintaining logs of consent and call attempts, and allocate responsibility for compliance with the law governing the contract if the parties operate across different regions. Cross-referencing related clauses, such as data protection or non-solicitation provisions, helps avoid inconsistency. Finally, businesses using outsourced sales or marketing functions, including those under a [Managed Services Agreement](https://www.genieai.co/en-us/template-type/managed-services-agreement), should ensure the contract clearly assigns liability for any telephone solicitation conducted by the service provider, including indemnification for regulatory breaches arising from non-compliant calling practices. ## Context ### Relevant circumstances - Cold Calling Campaigns - Affiliate Marketing Via Phone - Customer Service Upselling ### Relevant sectors - B2B Services - Retail - Real Estate ## Relevant contract types - [Public Relations Services Agreement](https://www.genieai.co/en-us/template-type/public-relations-services-agreement) - [Supply of services agreement](https://www.genieai.co/en-us/template-type/supply-of-services-agreement) - [Solicitation Letter](https://www.genieai.co/en-us/template-type/solicitation-letter) --- This is the Markdown representation of [https://www.genieai.co/en-us/define/telephone-solicitation](https://www.genieai.co/en-us/define/telephone-solicitation), provided for AI agents and crawlers. 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