PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE XXII. CORPORATIONS
CHAPTER 159C. TELEMARKETING SOLICITATION
ALM GL ch. 159C, § 5A
§ 5A. Telephone Solicitors; Required Disclosures.
(a)
A telephone solicitor shall disclose all of the following information within the first minute of a
telephonic sales call and before requesting, accepting or arranging for payment by a consumer: (i) that the
purpose of the telephone call is to make a sale or solicit funds; (ii) the correct name of the telemarketing
company that employs the individual telemarketer who is making the call; (iii) the correct name of the
ultimate seller whose goods or services are being offered by means of the telemarketing call; and (iv) a
complete and accurate description of the goods or services being offered including, but not limited to, the
retail market value of the goods or services.
(b)
The telemarketer shall provide all of the following information before requesting, accepting or arranging
for payment by a consumer: (i) the cost to the consumer of the goods or services that are the subject of the
telemarketing sales call including, but not limited to, any applicable tax, shipping and handling fees; (ii)
any restrictions, limitations or conditions attached to purchasing the goods or services; (iii) the complete
terms of any applicable refund, return, cancellation, exchange or repurchase policies; (iv) any material
aspect of an investment opportunity being offered including, but not limited to, the price of the land or
other investment, the location of the investment and the fact that an investor may lose some or all of their
original investment.
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