§481P-2  Violations.  (a)  It is an
unfair or deceptive act or practice and a violation of this chapter for any
seller or telephone solicitor to:



(1)  Fail to commence, within the first minute of an
outbound telephone call, and complete within the first three minutes of the
outbound call, and before payment is requested and prior to any solicitation,
disclosure of the following:



(A)  The true purpose of the telephone call;



(B)  The telephone solicitor's name and the
company or entity on whose behalf the solicitation is being made; and



(C)  The goods or services being offered;



(2)  Misrepresent
or fail to disclose, in a clear, conspicuous, and intelligible manner and
before payment is received from the consumer, the following information:



(A)  Total
purchase costs to the consumer of the goods or services to be received;



(B)  Any restrictions, limitations, or
conditions to purchase or to use the goods or services that are the subject of
any offer;



(C)  Any material term or condition of the
seller's refund, cancellation, or exchange policy, including, if applicable,
that no such policies exist;



(D)  All material costs or conditions related
to receiving a prize, including the odds of winning the prize, and if the odds
are not calculable in advance, the factors used in calculating the odds, the
nature and value of a prize, that no purchase is necessary to win the prize,
and the "no
purchase" method of
entering the contest;



(E)  Any
material aspect of an investment opportunity being offered, including but not
limited to risk, liquidity, earnings potential, market value, and
profitability; and



(F)  The
quantity, and any material aspect of the quality or basic characteristics of
any goods or services offered;



(3)  Misrepresent
any material aspect of the quality or basic characteristics of any goods or
services offered;



(4)  Represent
that the telephone solicitor or seller is registered as a telephone solicitor
in the State or has in any way received an endorsement or approval by any
governmental agency of the State;



(5)  Make
a false or misleading statement with the purpose of inducing a consumer to pay
for any goods or services;



(6)  Request
or accept payment from a consumer or make or submit any charge to the
consumer's credit or bank account before the telephone solicitor or seller
receives from the consumer an express verifiable authorization; provided that
no express verifiable authorization is required if the seller adopts and
complies with a policy that:



(A)  Affords
the consumer at least seven days after the receipt of goods or services to
review goods or services and return undamaged or unused goods or submit a
cancellation of services notice;



(B)  Requires
the seller to process the full refund within thirty days after receipt of
returned merchandise or the cancellation of services notice from the consumer;
and



(C)  Requires
the disclosure of the seller's return and refund policy to the consumer, orally
by telephone, and in writing with any advertising or promotional material, and
with delivery of the goods or services;



(7)  Fail
to include on the express verifiable authorization in a clear and conspicuous
manner, the following language:



"YOU ARE
NOT OBLIGATED TO MAKE ANY PAYMENT UNLESS YOU SIGN THIS CONFIRMATION AND RETURN
IT TO THE SELLER.";



(8)  Procure the services of any professional
delivery, courier, or other pick-up service to obtain immediate receipt or
possession of a consumer's payment;



(9)  Offer to consumers in the State any prize
promotion, in which a purchase or payment is necessary to obtain the prize;



(10)  Fail to comply with the recordkeeping
requirements of this chapter; or



(11)  Initiate
or cause to be initiated, a telephone solicitation call to a telephone number
that is listed on the national Do-Not-Call registry administered by the Federal
Trade Commission and the Federal Communications Commission pursuant to and in
violation of the Telemarketing Sales Rule, 16 C.F.R. part 310, and the
Telephone Consumer Protection Act, 47 C.F.R. parts 64 and 68.



(b)  It is a violation of this chapter for any
person to assist, support, or provide substantial assistance to any seller or
telephone solicitor, where that person knows or should have known that the
seller or telephone solicitor is engaged in any unlawful or deceptive practice
defined within this chapter.



(c)  Engaging in any other unfair or deceptive
conduct that will create a likelihood of confusion or misunderstanding is a
violation of this chapter. [L 1999, c 170, pt of §1; am L 2004, c 8, §2; am L
2008, c 19, §37]