C.R.S. 6-1-302
6-1-302. Definitions
As used in this part 3, unless the context otherwise requires:
(1)
"Commercial telephone seller" or "seller" means a person who, in the course of such person's business,
vocation, or occupation, on the person's own behalf or on behalf of another person, causes or attempts to
cause a commercial telephone solicitation to be made; except that "commercial telephone seller" or "seller"
does not include the following:
(a)
A person offering or selling a security as defined in section 11-51-201 (17), C.R.S., if:
(I)
The security is either registered with the securities commissioner under section 11-51-303 or 11-51-304,
C.R.S., exempt from registration under section 11-51-307, C.R.S., or the transaction in the security is exempt
under section 11-51-308, C.R.S.; and
(II)
The person is licensed by the securities commissioner as a broker-dealer as defined in section 11-51-201
(2)
, C.R.S., unless expressly excluded from such definition, or as a sales representative as defined in
section 11-51-201 (14), C.R.S., unless expressly excluded from such definition, or such person is exempted
from licensing under section 11-51-402, C.R.S.;
(b)
(I)
A person soliciting the sale of any newspaper, magazine, or other periodical of general circulation
if such sales constitute a majority of such person's business and business revenues; or
(II)
A person soliciting the sale of any book, record, audio tape, compact disc, or video if the person
allows the purchaser to review the merchandise without obligation for at least seven days and provides a full
refund for the return of undamaged merchandise within thirty days or if the person solicits such sale on
behalf of a membership club operating in conformity with 16 C.F.R. 425;
(c) A person making telephone calls to a residential customer for the sole purpose of polling or soliciting
the expression of ideas, opinions, or votes, or a person soliciting solely for a political or religious cause
or purpose;
(d) A paid solicitor or charitable organization that is required to and has complied with the registration,
notice, and filing requirements of sections 6-16-104.6 and 6-16-104, respectively, or a person who is excluded
from such notice and reporting requirements by section 6-16-103 (7);
(e) A supervised financial organization, as defined in section 5-1-301 (45), C.R.S., and its employees, when
acting within the scope of their employment;
(f) A supervised lender, as defined in section 5-1-301 (46), C.R.S., and its employees, when acting within
the scope of their employment;
(g) A person selling insurance, as defined in section 10-1-102 (12), C.R.S., in compliance with the
requirements of title 10, C.R.S.;
(h) A person soliciting without the intent to complete and who does not in fact complete the sales
transaction during the telephone solicitation or another telephone solicitation and who only completes the
sales transaction at a later face-to-face meeting between the solicitor and the prospective purchaser,
excluding a face-to-face meeting, the sole purpose of which is to collect the payment or deliver any item
purchased, or a person soliciting a purchaser with whom the person has had a previous face-to-face meeting in
the course of such person's business;
(i)
Any governmental entity or employee thereof, acting in the employee's official capacity;
(j) A person soliciting telephone service, or licensed or franchised cable television service, which is
billed and paid on a daily, weekly, or monthly basis and which can be canceled at any time without further
obligation to the purchaser;
(k) A person or an affiliate of a person whose business is regulated by the public utilities commission;
(l) A person or an affiliate of a person whose business is regulated by the real estate commission;
(m) A person whose conduct is within the exclusive jurisdiction of the federal commodity futures trading
commission as granted under the federal "Commodity Exchange Act", as amended;
(n) A seller of food for immediate consumption when the sale to one purchaser does not exceed three hundred
dollars;
(o) A person who initially contacts the purchaser with a retail sales catalog requesting a telephone call
response, when the person allows the purchaser to review the merchandise without obligation for at least seven
days and provides a full refund for the return of undamaged merchandise within thirty days after receipt of
the returned merchandise;
(p) An issuer or a subsidiary of an issuer that has a class of securities which is subject to section 12 of
the federal "Securities Exchange Act of 1934", 15 U.S.C. sec. 781, and which is either registered or exempt
from registration under paragraph (A), (B), (C), (E), (F), (G), or (H) of subsection (g) (2) of that section;
(q) A person who has been operating for at least three years a retail business establishment in Colorado
under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing
basis, the majority of the seller's business involves the purchaser receiving the seller's goods and services
at the seller's business location;
(r) A person who has conducted business for at least three years under the same name and in the same state
and offers potential purchasers satisfaction guaranteed by the sending of the product or providing the service
and the purchaser has an unqualified right to review and return or cancel for at least thirty days;
(s) Any telephone marketing service company which provides telemarketing sales services under written
contract to sellers and has been operating continuously for at least five years under the same business name
and seventy-five percent or more of its services are performed on behalf of sellers exempt from this section.
Nothing in this paragraph (s) shall be construed to exempt any seller that contracts with a telephone
marketing service company for telemarketing sales services from the requirements set forth in section 6-1-303
or from the prohibitions set forth in section 6-1-304.
(t) A person soliciting business solely from business purchasers who have previously purchased identical or
similar goods or services from the business enterprise on whose behalf the person is calling.
(2) "Commercial telephone solicitation" means:
(a)
Unsolicited telephone calls to a person initiated by a commercial telephone seller or salesperson, or an
automated dialing machine with or without a recorded message device, for the purpose of inducing the person to
purchase or invest in goods, services, or property or offering an extension of credit; or
(b)
Any other communication by a commercial telephone seller in which:
(I) A gift, award, or prize is offered and a telephone call response from the intended purchaser is invited;
or
(II) A loan, credit card, or other extension of credit is offered to a purchaser who has not previously
purchased from the person initiating the communication, and a telephone call response from the intended
purchaser is invited; or
(III)
A sale is to be completed or an agreement to purchase is to be entered into during the course of the
telephone call response; or
(c) Any other communication by a commercial telephone seller which includes representations about the price,
quality, or availability of goods, services, or property and which invites a response by telephone, including
pay-per-call service calls, or which is followed by a telephone call to the intended purchaser by a
salesperson.
(3)
"Pay-per-call" means the use of a telephone number with a 900 prefix or any other prefix under which
liability for the service or product provided attaches to the telephone bill of the individual calling such
number.
(4)
"Principal" means an owner, an officer of a corporation, a general partner of a partnership, the sole
proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory
functions with respect to any person.
(5)
"Purchaser" means a person who receives or responds to a commercial telephone solicitation.
(6)
"Salesperson" means any person employed or authorized by a commercial telephone seller to cause or
attempt to cause a commercial telephone solicitation to be made.
(7)
"Telephone sales transaction" means any payment of money by a purchaser in exchange for the promise of
goods, services, property, or an extension of credit by a commercial telephone seller and includes all
communications which precede such payment of money.
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