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 […]
501.617 – Investigative powers of enforcing authority.
501.617 Investigative powers of enforcing authority.— (1) If, by her or his own inquiries or as a result of complaints, the enforcing authority has reason to believe that a person has engaged in, or is engaging in, an act or practice that violates this part, she or he may administer oaths and affirmations, subpoena witnesses or matter, […]
501.6175 – Recordkeeping.
501.6175 Recordkeeping.—A commercial telephone seller shall keep all of the following information for 2 years after the date the information first becomes part of the seller’s business records: (1) The name and telephone number of each consumer contacted by a telephone sales call. (2) All express requests authorizing the telephone solicitor to contact the consumer. (3) Any script, outline, […]
501.618 – General civil remedies.
501.618 General civil remedies.—The department may bring: (1) An action to obtain a declaratory judgment that an act or practice violates the provisions of this part. (2) An action to enjoin a person who has violated, is violating, or is otherwise likely to violate the provisions of this part. (3) An action on behalf of one or more purchasers […]
501.603 – Definitions.
501.603 Definitions.—As used in this part, unless the context otherwise requires, the term: (1) “Commercial telephone solicitation” means: (a) An unsolicited telephone call to a person initiated by a commercial telephone seller or salesperson, or an automated dialing machine used in accordance with the provisions of s. 501.059(8) for the purpose of inducing the person to purchase or […]
501.619 – Civil penalties.
501.619 Civil penalties.—A person who engages in any act or practice declared in this part to be unlawful is liable for a civil penalty in the Class III category pursuant to s. 570.971 for each such violation. This civil penalty may be recovered in any action brought under this part by the department, or the department […]