407.1076. It is an unlawful telemarketing act or practice for anyseller or telemarketer to engage in the following conduct:
(1) Misrepresent any material fact required pursuant to section407.1073. It is a defense to this subdivision if a seller or telemarketershows, by a preponderance of the evidence, that the misrepresentationresulted from a bona fide error notwithstanding the maintenance ofprocedures reasonably adopted to avoid the error, and no civil penaltiesshall be imposed if this defense is met;
(2) Threaten, intimidate or use profane or obscene language;
(3) Cause the telephone to ring or engage any consumer in telephoneconversation repeatedly or continuously in a manner a reasonable consumerwould deem to be annoying, abusive or harassing;
(4) Knowingly and willfully initiate a telemarketing call to aconsumer, or transfer or make available to others for telemarketingpurposes a consumer's telephone number when that consumer has statedpreviously that he or she does not wish to receive solicitation calls by oron behalf of the seller unless such request has been rescinded;
(5) Engage in telemarketing to a consumer's residence at any timeother than between 8:00 a.m. and 9:00 p.m. local time at the calledconsumer's location;
(6) Request or receive payment in advance to remove derogatoryinformation from or improve a consumer's credit history, credit record orcredit rating;
(7) Request or receive payment in advance from a consumer to recoveror otherwise aid in the return of money or any other item lost by theconsumer in a prior telemarketing transaction, except that this provisionshall not apply to services provided by a licensed attorney;
(8) Obtain or submit for payment a check, draft or other form ofnegotiable paper drawn on a consumer's checking, savings, share or similaraccount without the consumer's express written or oral authorization. Suchauthorization shall be deemed verifiable if any of the following means areemployed:
(a) Express written authorization by the consumer, which may includethe consumer's signature on the negotiable instrument;
(b) Express oral authorization which is tape-recorded and madeavailable upon request to the consumer's bank and which evidences clearlyboth the consumer's authorization of payment for the merchandise that isthe subject of the sales offer and the consumer's receipt of all of thefollowing information:
a. The date of the draft or drafts;
b. The amount of the draft or drafts;
c. The payor's name;
d. The number of draft payments;
e. A telephone number for consumer inquiry that is answered duringnormal business hours; and
f. The date of the consumer's oral authorization; or
(c) Written confirmation of the transaction, sent to the consumerprior to submission for payment of the consumer's check, draft or otherform of negotiable paper, which shall include:
a. All of the information contained in paragraph (b) of thissubdivision; and
b. The procedures by which the consumer can obtain a refund from theseller or telemarketer in the event that the confirmation is inaccurate;
(9) Procure the services of any professional delivery, courier orother pick-up service to obtain immediate receipt or possession of aconsumer's payment, unless the merchandise or investment opportunity isdelivered with the opportunity to inspect before any payment is collected;
(10) Knowingly provide assistance or support to any telemarketer whenthat person knows or consciously avoids knowing that the telemarketer isengaged in any act in violation of sections 407.1070 to 407.1085; or
(11) Knowingly utilize any method to block or otherwise circumvent aconsumer's use of a caller identification service.
407.1076. It is an unlawful telemarketing act or practice for anyseller or telemarketer to engage in the following conduct:
(1) Misrepresent any material fact required pursuant to section407.1073. It is a defense to this subdivision if a seller or telemarketershows, by a preponderance of the evidence, that the misrepresentationresulted from a bona fide error notwithstanding the maintenance ofprocedures reasonably adopted to avoid the error, and no civil penaltiesshall be imposed if this defense is met;
(2) Threaten, intimidate or use profane or obscene language;
(3) Cause the telephone to ring or engage any consumer in telephoneconversation repeatedly or continuously in a manner a reasonable consumerwould deem to be annoying, abusive or harassing;
(4) Knowingly and willfully initiate a telemarketing call to aconsumer, or transfer or make available to others for telemarketingpurposes a consumer's telephone number when that consumer has statedpreviously that he or she does not wish to receive solicitation calls by oron behalf of the seller unless such request has been rescinded;
(5) Engage in telemarketing to a consumer's residence at any timeother than between 8:00 a.m. and 9:00 p.m. local time at the calledconsumer's location;
(6) Request or receive payment in advance to remove derogatoryinformation from or improve a consumer's credit history, credit record orcredit rating;
(7) Request or receive payment in advance from a consumer to recoveror otherwise aid in the return of money or any other item lost by theconsumer in a prior telemarketing transaction, except that this provisionshall not apply to services provided by a licensed attorney;
(8) Obtain or submit for payment a check, draft or other form ofnegotiable paper drawn on a consumer's checking, savings, share or similaraccount without the consumer's express written or oral authorization. Suchauthorization shall be deemed verifiable if any of the following means areemployed:
(a) Express written authorization by the consumer, which may includethe consumer's signature on the negotiable instrument;
(b) Express oral authorization which is tape-recorded and madeavailable upon request to the consumer's bank and which evidences clearlyboth the consumer's authorization of payment for the merchandise that isthe subject of the sales offer and the consumer's receipt of all of thefollowing information:
a. The date of the draft or drafts;
b. The amount of the draft or drafts;
c. The payor's name;
d. The number of draft payments;
e. A telephone number for consumer inquiry that is answered duringnormal business hours; and
f. The date of the consumer's oral authorization; or
(c) Written confirmation of the transaction, sent to the consumerprior to submission for payment of the consumer's check, draft or otherform of negotiable paper, which shall include:
a. All of the information contained in paragraph (b) of thissubdivision; and
b. The procedures by which the consumer can obtain a refund from theseller or telemarketer in the event that the confirmation is inaccurate;
(9) Procure the services of any professional delivery, courier orother pick-up service to obtain immediate receipt or possession of aconsumer's payment, unless the merchandise or investment opportunity isdelivered with the opportunity to inspect before any payment is collected;
(10) Knowingly provide assistance or support to any telemarketer whenthat person knows or consciously avoids knowing that the telemarketer isengaged in any act in violation of sections 407.1070 to 407.1085; or
(11) Knowingly utilize any method to block or otherwise circumvent aconsumer's use of a caller identification service.
407.1076. It is an unlawful telemarketing act or practice for anyseller or telemarketer to engage in the following conduct:
(1) Misrepresent any material fact required pursuant to section407.1073. It is a defense to this subdivision if a seller or telemarketershows, by a preponderance of the evidence, that the misrepresentationresulted from a bona fide error notwithstanding the maintenance ofprocedures reasonably adopted to avoid the error, and no civil penaltiesshall be imposed if this defense is met;
(2) Threaten, intimidate or use profane or obscene language;
(3) Cause the telephone to ring or engage any consumer in telephoneconversation repeatedly or continuously in a manner a reasonable consumerwould deem to be annoying, abusive or harassing;
(4) Knowingly and willfully initiate a telemarketing call to aconsumer, or transfer or make available to others for telemarketingpurposes a consumer's telephone number when that consumer has statedpreviously that he or she does not wish to receive solicitation calls by oron behalf of the seller unless such request has been rescinded;
(5) Engage in telemarketing to a consumer's residence at any timeother than between 8:00 a.m. and 9:00 p.m. local time at the calledconsumer's location;
(6) Request or receive payment in advance to remove derogatoryinformation from or improve a consumer's credit history, credit record orcredit rating;
(7) Request or receive payment in advance from a consumer to recoveror otherwise aid in the return of money or any other item lost by theconsumer in a prior telemarketing transaction, except that this provisionshall not apply to services provided by a licensed attorney;
(8) Obtain or submit for payment a check, draft or other form ofnegotiable paper drawn on a consumer's checking, savings, share or similaraccount without the consumer's express written or oral authorization. Suchauthorization shall be deemed verifiable if any of the following means areemployed:
(a) Express written authorization by the consumer, which may includethe consumer's signature on the negotiable instrument;
(b) Express oral authorization which is tape-recorded and madeavailable upon request to the consumer's bank and which evidences clearlyboth the consumer's authorization of payment for the merchandise that isthe subject of the sales offer and the consumer's receipt of all of thefollowing information:
a. The date of the draft or drafts;
b. The amount of the draft or drafts;
c. The payor's name;
d. The number of draft payments;
e. A telephone number for consumer inquiry that is answered duringnormal business hours; and
f. The date of the consumer's oral authorization; or
(c) Written confirmation of the transaction, sent to the consumerprior to submission for payment of the consumer's check, draft or otherform of negotiable paper, which shall include:
a. All of the information contained in paragraph (b) of thissubdivision; and
b. The procedures by which the consumer can obtain a refund from theseller or telemarketer in the event that the confirmation is inaccurate;
(9) Procure the services of any professional delivery, courier orother pick-up service to obtain immediate receipt or possession of aconsumer's payment, unless the merchandise or investment opportunity isdelivered with the opportunity to inspect before any payment is collected;
(10) Knowingly provide assistance or support to any telemarketer whenthat person knows or consciously avoids knowing that the telemarketer isengaged in any act in violation of sections 407.1070 to 407.1085; or
(11) Knowingly utilize any method to block or otherwise circumvent aconsumer's use of a caller identification service.
