§ 4-88-401. Definitions
As used in this subchapter: (1) “Person” means any individual, group, unincorporated association, limited or general partnership, limited liability corporation, corporation, professional fund raiser, charitable organization, or other business entity; (3) “Slamming” means submitting or executing a change in a subscriber’s selection of a provider of telephone exchange service or telephone toll service except in […]
§ 4-88-402. Slamming
No telecommunications service provider and no person acting on behalf of any telecommunications service provider shall engage in the practice of slamming as defined in § 4-88-401(2).
§ 4-88-403. Penalties, remedies, and enforcement
(a) When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (b) (1) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, […]
§ 4-88-501. Definitions
As used in this subchapter: (1) “Person” shall have the same meaning as provided in § 4-88-102(5); and (2) “School calendar” means a poster or other printed material that depicts a school mascot, emblem, or name in conjunction with an athletic event or schedule.
§ 4-88-201. Definitions
(a) “Elder person” means a person who is sixty (60) years of age or older. (b) “Person with a disability” means a person who has a physical or mental impairment which substantially limits one (1) or more of such person’s major life activities. (1) As used in this subsection, “physical or mental impairment” means any […]
§ 4-88-502. Violations
(a) This subchapter shall not be construed to permit an activity otherwise prohibited by law. (b) (1) A person who solicits advertisements for school calendars shall disclose whether or not the school whose name, emblem, or mascot is used will receive any funds as a result of the solicitation and, if so, what percentage or […]
§ 4-88-202. Civil penalty — Disposition of funds
(a) If any person is found to have violated any provision of this chapter, including unlawful practices related to charitable solicitations, and the violation is committed against an elder person or a person with a disability, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty […]
§ 4-88-503. Penalty
(a) A violation of this subchapter shall constitute a violation of § 4-88-101 et seq. pertaining to deceptive trade practices. (b) All remedies, penalties, and authority granted to the Attorney General under § 4-88-101 et seq. shall be available to the Attorney General for the enforcement of this subchapter.
§ 4-88-203. Determination of civil penalty
In determining whether to impose an enhanced civil penalty under this subchapter and the amount thereof, the court shall consider the extent to which one (1) or more of the following factors are present: (1) Whether the defendant’s conduct was in disregard of the rights of the elder person or person with a disability; (2) […]
§ 4-88-601. Title
This subchapter may be referred to and cited as the “Unsolicited Commercial and Sexually Explicit Electronic Mail Prevention Act”.