TITLE 33. REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
CHAPTER 501. CONSUMER PROTECTION
PART IV. FLORIDA TELEMARKETING ACT
Fla. Stat. § 501.606
§ 501.606. Disclosures required of commercial telephone sellers
(1)
With respect to any person identified pursuant to s. 501.605, an applicant for a license as a commercial
telephone seller must state in his or her application the identity of any affiliated commercial seller or
salesperson who:
(a)
Has been convicted of, or is under indictment or information for, racketeering or any offense involving
fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property. Conviction includes a
finding of guilt where adjudication has been withheld;
(b)
Is involved in pending litigation or has had entered against him or her an injunction, a temporary
restraining order, or a final judgment or order, including a stipulated judgment or order, an assurance of
voluntary compliance, or any similar document, in any civil or administrative action involving racketeering,
fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or the use of any untrue,
deceptive, or misleading representation or the use of any unfair, unlawful, or deceptive trade practice;
(c)
Is, or ever has been, subject to any litigation, injunction, temporary restraining order, or final
judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any
similar document or any restrictive court order relating to a business activity as the result of any action
brought by a governmental agency, including any action affecting any license to do business or practice an
occupation or trade;
(d)
Has at any time during the previous 7 years filed for bankruptcy, been adjudged bankrupt, or been
reorganized because of insolvency; or
(e)
Has been a principal, director, officer, or trustee of, or a general or limited partner in, or had
responsibilities as a manager in, any corporation, partnership, joint venture, or other entity that filed for
bankruptcy, was adjudged bankrupt, or was reorganized because of insolvency within 1 year after the person
held that position. The disclosures required in paragraph (d) shall be applicable insofar as they relate to
the applicant commercial telephone seller, as well as any affiliated commercial seller or salesperson.
(2)
(a)
For any person described in subsection (1), the applicant must:
1.
Identify the court or administrative agency rendering the conviction, judgment, or order against the
person or pending litigation.
2.
Provide the docket number of the matter, the date of the conviction, judgment, or order, and the name
of the governmental agency, if any, that brought the action resulting in the conviction, judgment, or order.
(b)
For any person described in paragraph (1)(e), the applicant must provide the name and address of the
person filing for bankruptcy, adjudged bankrupt, or reorganized because of insolvency, the date of the action,
the court which exercised jurisdiction, and the docket number of the matter.
(3)
Each commercial telephone seller shall disclose to the department the name, address, and account number of
each institution where banking or similar monetary transactions are done by the commercial telephone seller.
Compliance Guide:
Registration Made Easy.
Online State Registration wizard for call campaign licensing.
Wizard makes finding State DNC exemptions easy.
Quickly answer questions with included regulatory guide.
This site is provided for informational purposes only. These materials do not constitute legal advice and should not be used as a substitute for competent legal counsel. No representations are made regarding the timeliness, accuracy, or completeness of these materials.
