Section 37-30A-14 – Civil action permitted for willful violation.
37-30A-14. Civil action permitted for willful violation. Any consumer who claims to have been adversely affected by any act or practice declared to be unlawful by this chapter may bring a civil action for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of a willful […]
Section 37-30A-15 – Other actions not affected.
37-30A-15. Other actions not affected. Any action arising under this chapter in no way affects any cause of action arising under other laws of this state or under the common law, whether or not the other cause of action is included within the provisions of this chapter. Source: SL 1997, ch 222, §15.
Section 37-30A-16 – Violation as misdemeanor.
37-30A-16. Violation as misdemeanor. Any person who knowingly or intentionally violates this chapter with the intent to defraud a consumer is guilty of a Class 1 misdemeanor. Source: SL 1997, ch 222, §16.
Section 37-30A-17 – Telemarketer must prove exemption.
37-30A-17. Telemarketer must prove exemption. A telemarketer claiming an exemption from the provisions of this chapter has the burden of proving the exemption. Source: SL 1997, ch 222, §17.
Section 37-30A-3 – Unreasonable telemarketer practices.
37-30A-3. Unreasonable telemarketer practices. A telemarketer may not: (1)Engage in unfair or deceptive telephone solicitation; (2)Place unsolicited consumer telephone communications to any residence which will be received before 9 a.m. or after 9 p. m. at the consumer’s local time or place any unsolicited consumer telephone communications on Sunday; (3)Engage in any conduct which harasses, […]
Section 37-30A-4 – Written confirmation of verbal agreement required.
37-30A-4. Written confirmation of verbal agreement required. Any verbal agreement made by a consumer to purchase any goods or services from a telemarketer is not valid and legally binding unless the telemarketer receives from the consumer a signed written confirmation that discloses in full the terms of the sale agreed upon. Source: SL 1997, ch […]
Section 37-30A-5 – Contents of written confirmation.
37-30A-5. Contents of written confirmation. The written confirmation shall include the following information: (1)The true business name of the telemarketer; (2)The true address and telephone number at which personal or voice contact with an employee or agent of the telemarketer can be made during normal business hours and the address where cancellation notices can be […]
Section 37-30A-6 – Terms of liability for goods or services.
37-30A-6. Terms of liability for goods or services. A telemarketer may not make or submit any charge to the consumer’s credit card or bank account until the telemarketer has received from the consumer an original copy of the written confirmation, signed by the consumer, that complies with §37-30A-5. Any good or merchandise sent or service […]
Section 37-30A-7 – Right of cancellation for consumer.
37-30A-7. Right of cancellation for consumer. If the consumer sends payment to the telemarketer in the form of a personal check, cash, or any other form of payment other than credit card without having included a signed written confirmation, the consumer may choose at any time to cancel the sale by notifying the telemarketer in […]
Section 37-30A-8 – Excluded transactions.
37-30A-8. Excluded transactions. The provisions of this chapter do not apply to a transaction: (1)Made by a merchant who operates an established business that has a fixed permanent location, who displays or offers consumer goods or services for sale on a continuing basis, and less than twenty-five percent of total new sales are made by […]