A.R.S. § 44-1276
§ 44-1276. Required disclosures; payment for goods; identification of seller or solicitor; cancellation of
telephone solicitation sale; notice of right to cancel
A.
Before beginning the solicitation or sales presentation over the telephone, the seller or solicitor shall
disclose to the consumer:
1.
The complete street address of the physical location from which the seller or solicitor is making the
telephone solicitation and the complete street address of the seller's principal location.
2.
The legal name of the seller on whose behalf the solicitor is making the solicitation.
3.
The solicitor's true legal name.
4.
That the purpose of the call is to sell merchandise.
B.
During any solicitation or sales presentation made by a seller or solicitor and in any written
correspondence provided to the consumer as part of the solicitation, the seller or solicitor shall clearly and
conspicuously disclose to the consumer:
1.
Any charge, including the amount for the use of any premium being offered.
2.
Any material restriction, requirement, condition, limitation or exception that is associated with the
use of the premium.
3.
Any charge connected with the sale of merchandise.
4.
The time period within which any premium will be delivered.
5.
The consumer's right to cancel the transaction pursuant to subsection C.
C.
In addition to any right to otherwise revoke an offer, the consumer may cancel a telephone solicitation
sale up to midnight of the third business day after the receipt of the merchandise or premium, whichever is
later.
D.
No telephone solicitation sale is effective unless the consumer is both:
1.
Advised orally and in writing of the legal name, telephone number and complete street address of the
physical location of the seller.
2.
Advised orally of the right of cancellation along with a written notice containing the following
information:
Notice of Cancellation
1. You may cancel this order without any penalty or obligation within
three business days from the delivery of the merchandise or premium (gift,
bonus, prize or award), whichever is later.
2. If you cancel, any payments made by you will be returned within ten
days after the receipt by the seller of your notice of cancellation.
3.
To cancel this transaction, mail or deliver a signed and dated copy
of your cancellation notice or send a telegram to
(Name of seller)
at .
(address of seller's place of business)
4.
If you cancel, any merchandise or premium delivered to you must be
returned at our expense to
(Name of
seller)
at
(Address of seller's place of business)
no later than twenty-one business days after the receipt of this
merchandise or premium, whichever is later.
E.
The notice of cancellation given by the consumer is effective if it indicates the intention on the part of
the consumer not to be bound by the telephone solicitation sale.
F.
A provision of a contract, offer or agreement that waives a consumer's right of cancellation under this
section is void and has no effect.
G.
For the purposes of this section, business day does not include Sunday or a federal or state holiday.
