501.626 – Rulemaking power.
501.626 Rulemaking power.—The department has the authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this part. History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429; s. 17, ch. 97-250; s. 173, ch. 98-200.
501.624 – Exempt businesses; burden of proof.
501.624 Exempt businesses; burden of proof.—In any civil proceeding alleging a violation of the provisions of this part, the burden of proving an exemption specified in s. 501.604 or that such person or entity is not otherwise subject to the provisions of this part is upon the person or entity claiming the exemption. In any criminal […]
501.625 – Other individual remedies.
501.625 Other individual remedies.—In addition to any other penalties or remedies provided under law, a person who is injured by a violation of the provisions of this part may bring a civil action for recovery of actual damages and/or punitive damages, including costs, court costs, and attorney’s fees. No provision in this part shall be construed […]
501.609 – License renewal.
501.609 License renewal.— (1) Each person licensed under the provisions of this part must renew his or her license annually by paying the fee for licensing and submitting to the department the application required by this part. (2) Except as otherwise provided in subsection (3), if any material change in the information submitted for licensing occurs before the […]
501.611 – Security.
501.611 Security.— (1) An application filed pursuant to s. 501.605 must be accompanied by: (a) A bond executed by a corporate surety approved by the department and licensed to do business in this state; (b) An irrevocable letter of credit issued for the benefit of the applicant by a bank whose deposits are insured by an agency of the […]
501.612 – Grounds for departmental action against licensure applicants or licensees.
501.612 Grounds for departmental action against licensure applicants or licensees.— (1) The department may enter an order directing that one or more of the actions set forth in subsection (2) be taken if the department finds that a commercial telephone seller or salesperson or an entity providing substance abuse marketing services, or any person applying for licensure […]
501.613 – General disclosures.
501.613 General disclosures.— (1) Within the first 30 seconds of a telephone call, a commercial telephone seller or salesperson shall identify herself or himself by stating her or his true name, the company on whose behalf the solicitation is being made, and the consumer goods or services being sold. (2) If a sale or an agreement to purchase […]
501.614 – Disclosures of gifts and premiums.
501.614 Disclosures of gifts and premiums.—If a commercial telephone seller expressly or impliedly represents to any prospective purchaser, directly or through a salesperson, that the purchaser is or may be eligible to receive any gift, premium, bonus, or prize, however denominated, the commercial telephone seller shall submit to the department a statement setting forth, for each […]
501.615 – Written contract; cancellation; refund.
501.615 Written contract; cancellation; refund.— (1) A purchase of consumer goods or services ordered as a result of a commercial telephone solicitation as defined in this part, if not followed by a signed written contract, is not final. If a contract is not made in compliance with this section, it is not valid and enforceable against the […]
501.616 – Unlawful acts and practices.
501.616 Unlawful acts and practices.— (1) A commercial telephone seller or salesperson may not directly or indirectly accept a novelty payment, as defined in s. 501.603(8) or by rule, as payment for goods or services offered or sold through telemarketing. (2) A commercial telephone seller may not employ or be affiliated with an unlicensed salesperson. (3) A salesperson may […]