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Home » US Law » 2022 Alaska Statutes » Title 45. Trade and Commerce » Chapter 63. Telephonic Solicitations

Sec. 45.63.010. Registration.

(a) A person may not sell or attempt to sell property or services by telephonic means if the person makes substantially the same offer on substantially the same terms to two or more persons, unless the telephone seller is registered with the Department of Law at least 30 days before the solicitation campaign. (b) To […]

Sec. 45.63.015. Registration fees.

Each separate registration filed under AS 45.63.010(b) must be accompanied by a registration fee. The department shall establish the amount of the fee by regulation. The fees required by this section are nonrefundable and shall be deposited in the general fund.

Sec. 45.63.020. Written contract required.

Until a telephone seller receives from a buyer a signed, written contract for the purchase, the telephone seller may not solicit payment for the purchase, charge a credit card account for the purchase, negotiate a check or other commercial instrument intended for payment of the purchase, or accept a cash payment for the purchase. The […]

Sec. 45.63.030. Cancellation or replacement.

(a) Notwithstanding AS 45.01 – AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code), a telephone seller shall give the buyer a refund, credit, or replacement, at the option of the buyer, if (1) the property or services purchased are defective, not as represented, or not received as promised by the seller; […]

Sec. 45.63.040. Prohibited representations.

(a) Unless the telephone seller is asked for the information by the buyer, the seller may not state or imply that the seller has a license, consent, or other form of permission from the state. (b) A telephone seller may not state or imply that (1) the seller is complying with state law; or (2) […]

Sec. 45.63.045. Required representations; prohibitions.

(a) A telephone seller shall (1) within the first 15 seconds of a call and in a clear and conspicuous manner, disclose the registered seller’s name and telephone number, whom the registered seller represents, and that the call is a sales call; and (2) repeat the information at any time during the conversation if requested […]

Sec. 45.63.050. Waiver prohibited and void.

A telephone seller may not request or obtain from a buyer a waiver of the rights of the buyer under this chapter. A waiver of the rights of a buyer under this chapter is void.

Sec. 45.63.060. Criminal penalties.

(a) A person who sells or attempts to sell property or services by telephonic means by making substantially the same offer on substantially the same terms to two or more persons without complying with the registration requirements of AS 45.63.010, or who solicits, or receives, payment for a purchase before receiving the written contract required […]

Sec. 45.63.080. Exemptions.

(a) AS 45.63.010, 45.63.015, 45.63.020, and AS 45.63.030(c) and (d) do not apply to a sale or attempted sale (1) of a security regulated under AS 45.56 or a security that is exempted by AS 45.56.110 from regulation under AS 45.56; (2) by a person registered with the United States Securities and Exchange Commission when […]

Sec. 45.63.090. Regulations.

The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this chapter.

Sec. 45.63.100. Definitions.

In this chapter, (1) “buyer” means a person who buys from or is solicited by a seller by telephonic means; (2) “department” means the Department of Law; (3) “notice of intent” means the notice of intent required by AS 45.63.010 to engage in a solicitation campaign; (4) “solicitation campaign” means a sale or attempt to […]