§ 5-61-1. “Telephone Sales Solicitation Act.” As used in this chapter, “telephone solicitation” means the engagement of a telephone conversation for the purpose of encouraging a person to purchase personal property, investment opportunities, goods or services, or for the purpose of gathering information for sales solicitation. History of Section.P.L. 1987, ch. 227, § 1; P.L. […]
§ 5-61-2. Definitions. As used in this chapter: (1) “Department” means the department of attorney general. (2) “Hours of operation” means Monday through Friday, except a state or federal holiday, nine o’clock (9:00 a.m.) to six o’clock (6:00 p.m.); Saturday ten o’clock (10:00 a.m.) to five o’clock (5:00 p.m.). (3) “Item” means any goods and […]
§ 5-61-3. Registration. (a) Not less than ten (10) days prior to doing business in this state, a telephone sales solicitation operation or telephonic seller shall register with the department by filing with the consumer protection unit of the department the information required by § 5-61-4 and a filing fee of one hundred dollars ($100). […]
§ 5-61-3.1. Security. (a) Each telephonic seller, pursuant to the provisions of this chapter, shall deliver and file with the consumer protection unit of the department before a confirmation of registration shall be issued or re-issued: (1) A surety bond, written by a company recognized and approved by the commissioner of insurance within the department […]
§ 5-61-3.2. Other grounds for denial of registration. The department may delay, reject, or revoke a registration if the department finds that a telephonic seller or any person applying for registration as a telephonic seller, including, but not limited to, owners, operators, officers, directors, partners, or other individuals engaged in the management activities of a […]
§ 5-61-3.3. General disclosures. (a) Within the first thirty (30) seconds of a telephone call, a telephonic 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. (b) If a sale or […]
§ 5-61-3.4. Use of prerecorded or synthesized voice messages. (a) A telephonic seller shall not use or connect to a telephone line an automatic-dialing-announcing device unless: (1) The subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or (2) The message is immediately preceded by a live operator who […]
§ 5-61-3.5. Do not call lists. (a) No salesperson or telephonic seller shall make, or cause to be made, any unsolicited telephonic sales calls to any residential, mobile, or telephonic-paging-device telephone number unless the salesperson or telephonic seller has instituted procedures for maintaining a list of persons who do not wish to receive telephonic sales […]
§ 5-61-3.6. Hours of operation. (a) No salesperson or telephonic seller shall make or cause to be made any unsolicited telephonic sales calls to any residential, mobile, or telephonic-paging-device telephone number except during hours of operation, as defined in § 5-61-2(2). (b) Any person who violates any provision of this section is guilty of a […]
§ 5-61-4. Filing, information required. Each filing pursuant to § 5-61-3 shall contain the following information: (1) The name or names of the seller, including the name under which the seller is doing or intends to do business, if different from the name of the seller, and the name of any parent or affiliated organization: […]
§ 5-61-5. Criminal penalties. Any person including, but not limited to, the seller, a salesperson, agent or representative of the seller, or an independent contractor, who willfully violates any provision of this chapter or who directly or indirectly employs any device, scheme, or artifice to deceive in connection with the offer or sale by any […]
§ 5-61-5.1. Remedies — Injunctive relief — Civil penalties. (a) Any purchaser may have a right of action against a telephonic seller who is in material violation of this chapter. The purchaser may recover triple the amount actually paid to the telephonic seller. In addition to any judgment awarded to the purchaser, the court may […]
§ 5-61-6. Severability. If any provision of this chapter or any rule or regulation made under this chapter, or the application of this chapter to any person or circumstance is held invalid by any court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of the provision to other persons […]
