37-30A-1. Definitions. Terms used in this chapter mean: (1)”Consumer,” an actual or prospective purchaser, lessee, or recipient of consumer goods or services bought primarily for use for personal, family, or household purposes; (2)”Consumer goods or services,” any tangible personal property or services, including merchandise as defined by subdivision 37-24-1(7), normally used for personal, family, or […]
37-30A-10. Additional excluded transactions. The provisions of §§37-30A-4 to 37-30A-8, inclusive, do not apply to a transaction in which the consumer may obtain a full refund for the return of undamaged and unused goods, or a cancellation of services, if notice is sent to the seller within ten days after receipt by the consumer, and […]
37-30A-11. Return of goods within refund period–Duties of telemarketer who has received notice to cancel from consumer. The telemarketer shall guarantee the goods to be satisfactory to the consumer to the extent that the consumer may, at any time within the ten-day refund period, cancel the sale by notifying the telemarketer in writing, if the […]
37-30A-12. Location of sale. For the purposes of enforcement of this chapter, any telemarketing sale is considered to have taken place in the state where the consumer is located, regardless of the location of the telemarketer. Source: SL 1997, ch 222, §12.
37-30A-13. Willful violation. A willful violation of this chapter is an unfair or deceptive trade practice and is subject to the relief provided under chapter 37-24. Source: SL 1997, ch 222, §13.
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 […]
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.
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.
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.
37-30A-2. Required disclosures. Any telemarketer who makes an unsolicited consumer telephone communication to a residential telephone number shall: (1)On caller identification technologies, use and display the telemarketer’s authentic name or entity and telephone number; (2)Immediately identify themselves with their true name, the true name of the telemarketer by whom they are employed, and the true […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
