§46A-6F-401. Mandatory Disclosures
§46A-6F-401. Mandatory disclosures. (a) A telemarketer shall promptly disclose, in a clear and conspicuous manner, the following material information when making a telemarketing communication with a consumer: (1) The true identity of the telemarketer;
§46A-6F-402. Accepting Returns or Canceling Services
(a) Every telemarketer shall, at a minimum, have the following policy: (1) Accepting returns or canceling services for a period of not less than seven days after the date of delivery to the consumer and providing a cash refund for a cash purchase or issuing a credit for a credit purchase, which credit is applied […]
§46A-6F-501. Unfair or Deceptive Acts or Practices
It is an unfair or deceptive act or practice and a violation of this article for any seller or telemarketer to engage in the following conduct: (1) To advertise or represent that registration as a telemarketer equals an endorsement or approval by the state or any governmental agency of the state;
§46A-6F-502. Causes of Action Arising Out of Unfair or Deceptive Acts or Practices; Limitation of Actions
(1) If a telemarketer violates the provisions of section five hundred one of this article, the consumer has a cause of action to recover actual damages and, in addition, a right to recover from the violator a penalty in an amount, to be determined by the court, of not less than $100 nor more than […]
§46A-6F-503. Operating a Criminal Recovery Service; Penalties
(a) A person is guilty of operating a criminal recovery service when the person: (1) Makes a representation that he will recover all or any portion of the consideration that a consumer has paid to a telemarketer in response to a telemarketing solicitation;
§46A-6F-601. Abusive Acts or Practices
§46A-6F-601. Abusive acts or practices. (a) It is an abusive telemarketing act or practice and a violation of this article for any telemarketer to engage in the following conduct: (1) Threaten, intimidate or use profane or obscene language;
§46A-6F-701. Civil Remedies
§46A-6F-701. Civil remedies. (a) If a telemarketer violates the provisions of section six hundred one of this article, the consumer has a cause of action to recover actual damages and, in addition, a right to recover from the violator a penalty in an amount, to be determined by the court, of not less than$100 nor […]
§46A-6F-702. Remedies Not Exclusive
Nothing contained in this article shall be construed to adversely alter or affect a right or benefit accruing to a consumer or the state in accordance with other provisions of this chapter, or to limit any civil or criminal remedy otherwise provided for by law. In the case of provisions contained in this article that […]
§46A-6F-703. Service of Process on Certain Nonresidents
Any nonresident person, except a nonresident corporation authorized to do business in this state pursuant to the provisions of chapter thirty-one of this code, who directs telemarketing solicitations to persons residing in this state, shall be conclusively presumed to have appointed the Department of Tax and Revenue as his attorney-in-fact with authority to accept service […]
§46A-6F-219. Inapplicability of Article to Certain Telemarketers Based on Continuous Sales and Gross Sales for Exempt Persons
The provisions of this article do not apply to any telemarketer, in good standing, who has been providing telemarketing sales services continuously for at least two years under the same name and ownership and which derives fifty percent of its gross telemarketing sales revenues from contracts with persons exempted from this part: Provided, That telemarketers […]