[§481P-1]  Definitions.  Whenever used
in this chapter, unless the context requires otherwise:



"Consumer" or "purchaser"
means a person who is, or may be, required to pay for goods or services offered
by a seller or telephone solicitor through telemarketing and includes but is
not limited to a consumer as defined in section 480-1.



"Express verifiable authorization"
means express written authorization by the consumer, including but not limited
to the consumer's signature on a negotiable instrument, that specifically
authorizes the seller or telephone solicitor to obtain payment from a
consumer's checking, savings, or bank card account.



"Goods or services" means any real
property or any tangible or intangible personal property or services of any
kind provided or offered to a consumer.



"Investment opportunity" means
anything tangible or intangible, that is offered for sale, sold, or traded
based wholly or in part on representations, either express or implied, about
past, present, or future income, profit, or appreciation.



"Material" means any factor likely to
affect a person's choice of, or conduct regarding, goods or services.



"Outbound telephone call" means a
telephone call initiated by a seller or telephone solicitor to induce the
purchase of goods or services.



"Payment" means anything of value,
including any interest, benefit, privilege, claim, or right with respect to
anything of value, whether real or personal, tangible or intangible.



"Prize" means anything offered or
purportedly offered and given or purportedly given to a consumer by chance.



"Prize promotion" means a sweepstakes
or other game of chance or an oral or written representation that a consumer
has won, has been selected to receive, or is eligible to receive a prize or
purported prize.



"Recovery service" means any business
or other practice in which a person represents or implies that, for a fee, any
amount a consumer has paid out to a seller or telephone solicitor may be
recovered.



"Seller" means any person, who, in
connection with a telemarketing transaction, solicits funds or contributions,
or arranges for a telephone solicitor to solicit funds or contributions, or
provides, offers to provide, or arranges for others to provide goods or
services to the consumer in exchange for consideration.



"Telemarketing" means a plan,
program, or campaign, including a prize promotion or investment opportunity,
that is conducted to induce the purchase of goods or services or to solicit
funds or contributions by use of one or more telephones and that involves more
than one telephone call.



"Telephone solicitor" means any
person who in connection with telemarketing, initiates or receives telephone
calls to or from a consumer, where either or both parties to the telephone call
are located in this State. [L 1999, c 170, pt of §1]