Text: SF02232 Text: SF02234 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 476B.1 TELEPHONE SOLICITATION 1 2 RESTRICTIONS DISCLOSURES. 1 3 1. As used in this section, unless the context otherwise 1 4 requires: 1 5 a. "Board" means the utilities board created in section 1 6 474.1. 1 7 b. "Telephone solicitation" means a solicitation made by a 1 8 person using a telephone, videoconferencing, or other 1 9 interactive electronic voice communication, for the purpose of 1 10 selling consumer goods or services to a consumer who is the 1 11 recipient of such solicitation. 1 12 c. "Telephone transaction" means either of the following: 1 13 (1) A telephone solicitation. 1 14 (2) A purchase contract or other agreement or dealing that 1 15 results from a telephone solicitation. 1 16 2. A person who engages in a telephone solicitation, 1 17 before asking any questions of or making any statements other 1 18 than an initial greeting to a consumer, shall disclose all of 1 19 the following: 1 20 a. The name of the individual making the telephone 1 21 solicitation. 1 22 b. A statement that the telephone solicitation is for the 1 23 purpose of offering or promoting the sale of consumer goods or 1 24 services. 1 25 c. The name of the principal seller of the consumer goods 1 26 or services. 1 27 d. The nature of the goods or services which are being 1 28 offered or promoted. 1 29 3. A person, in a telephone transaction, shall also 1 30 disclose to a consumer before such consumer enters into any 1 31 purchase contract or other agreement or dealing, and before 1 32 the person requests a credit card number or accepts any 1 33 payment from the consumer, all of the following: 1 34 a. The nature and quantity of the consumer goods or 1 35 services included. 2 1 b. The total cost to the consumer to purchase such goods 2 2 or services. 2 3 c. All material terms and conditions affecting the sale, 2 4 receipt, or use of the consumer goods or services, including 2 5 credit terms, if any. 2 6 d. The name of the principal seller. 2 7 e. At least one of the following: 2 8 (1) The mailing address of the principal seller. 2 9 (2) A local or toll-free telephone number, answered during 2 10 regular business hours, at which the consumer may contact the 2 11 principal seller and obtain the principal seller's address. 2 12 f. The seller's policy regarding a refund, cancellation, 2 13 exchange, or repurchase, if either of the following apply: 2 14 (1) The seller has a policy that prevents or substantially 2 15 limits refunds, cancellations, exchanges, or repurchases. 2 16 (2) The seller makes a claim or representation regarding 2 17 refunds, cancellations, exchanges, or repurchases. 2 18 4. A disclosure required under subsection 3 shall be made 2 19 in writing, except that such disclosure may be made orally if 2 20 either of the following apply: 2 21 a. The seller confirms the disclosures in writing at or 2 22 before the time the seller first delivers the consumer goods 2 23 or services to the consumer, and before the seller submits any 2 24 credit card request for payment or takes any other payment 2 25 from the consumer. 2 26 b. The seller does both of the following in writing at or 2 27 before the time the seller first delivers consumer goods or 2 28 services to the consumer: 2 29 (1) Confirms the oral disclosures. 2 30 (2) Discloses that the consumer may cancel the sale after 2 31 the first delivery of any consumer goods or services and 2 32 obtain a full refund. The seller may specify a cancellation 2 33 deadline, provided that the deadline is no less than seven 2 34 days after the date of the first delivery. 2 35 5. The board shall investigate any complaints received 3 1 concerning a violation of this section. If, after 3 2 investigating a complaint, the board finds that there has been 3 3 a violation of this section, the board may bring an action 3 4 against the person engaging in the telephone solicitation or 3 5 the principal seller, as appropriate, to impose a civil 3 6 penalty not to exceed ten thousand dollars per violation, and 3 7 to seek other relief, including injunctive relief, as the 3 8 court deems appropriate. 3 9 6. The board shall adopt rules to implement this section. 3 10 EXPLANATION 3 11 This bill imposes certain disclosure requirements on 3 12 persons who engage in telephone solicitations for the sale of 3 13 consumer goods and services. 3 14 The bill provides that a person who engages in a telephone 3 15 solicitation, before asking any questions of or making any 3 16 statements other than an initial greeting to a consumer, must 3 17 disclose the name of the individual making the telephone 3 18 solicitation, a statement that the telephone solicitation is 3 19 for the purpose of offering or promoting the sale of consumer 3 20 goods or services, the name of the principal seller of the 3 21 consumer goods or services, and the nature of the goods or 3 22 services which are being offered or promoted. 3 23 The bill provides that a person, in a telephone 3 24 transaction, must also disclose to a consumer before such 3 25 consumer enters into any purchase contract or other agreement 3 26 or dealing, and before the person requests a credit card 3 27 number or accepts any payment from the consumer, the nature 3 28 and quantity of the consumer goods or services included; the 3 29 total cost to the consumer to purchase such goods or services; 3 30 all material terms and conditions affecting the sale, receipt, 3 31 or use of the consumer goods or services, including credit 3 32 terms, if any; the name of the principal seller; the mailing 3 33 address of the principal seller or a local or toll-free 3 34 telephone number, answered during regular business hours, at 3 35 which the consumer may contact the principal seller and obtain 4 1 the principal seller's address; and the seller's policy 4 2 regarding a refund, cancellation, exchange, or repurchase, if 4 3 the seller has a policy that prevents or substantially limits 4 4 refunds, cancellations, exchanges, or repurchases, or the 4 5 seller makes a claim or representation regarding refunds, 4 6 cancellations, exchanges, or repurchases. 4 7 The bill also provides that the utilities board is to 4 8 investigate any complaints received concerning a violation of 4 9 this section. If, after investigating a complaint, the board 4 10 finds that there has been a violation of this section, the 4 11 board may bring an action against the person engaging in the 4 12 telephone solicitation or the principal seller, as 4 13 appropriate, to impose a civil penalty not to exceed $10,000 4 14 per violation, and to seek other relief, including injunctive 4 15 relief, as the court deems appropriate. 4 16 LSB 5189XS 78 4 17 mj/cls/14
Text: SF02232 Text: SF02234 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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