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 […]
Section 37-30A-10 – Additional excluded transactions.
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 […]
Section 37-30A-11 – Return of goods within refund period–Duties of telemarketer who has received notice to cancel from consumer.
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 […]
Section 37-30A-12 – Location of sale.
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.
Section 37-30A-13 – Willful violation.
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.