§ 6-1-303 — Registration of commercial telephone sellers

(1) No commercial
telephone seller shall conduct business in this state without having registered with
the attorney general at least ten days prior to the conduct of such business.
Individual employees of the commercial telephone seller are not required to
register. A commercial telephone seller conducts business in this state if the
telephone solicitations of prospective purchasers are made from locations in this
state or solicitation is made of prospective purchasers located in this state.

(2) A registration shall be effective for one year after the date of filing with
the attorney general. Each application for registration or renewal thereof shall be
accompanied by a filing fee, determined and collected by the attorney general, but
such filing fee shall not exceed two hundred fifty dollars for an application for
registration or one hundred dollars for an application for renewal.

(3) Whenever, prior to expiration of a commercial telephone seller's annual
registration, there is a material change in the information required by subsection (5)
of this section, the seller shall, within ten days, file an addendum updating the
information with the attorney general.

(4) Each application for registration shall be in writing and shall contain such
information regarding the conduct of the commercial telephone seller's business
and the personnel conducting the business as is required by law. The application
shall be submitted on a form provided by the attorney general and shall be verified
by a declaration signed by each principal of the commercial telephone seller under
penalty of perjury. The declaration shall specify the date and location of signing.
The information submitted pursuant to this section shall be available for public
inspection.

(5) Each application for registration or renewal pursuant to this section shall
contain the following information:

(a) The name or names of the commercial telephone seller, including all
names under which the commercial telephone seller is doing or intends to do
business, if different from the name of the seller, and the name of any parent or
affiliated organization;

(b) The seller's business form and the date and place of organization;

(c) The complete street addresses of all locations from which the
commercial telephone seller is or will be conducting business, including a
designation of the seller's principal business location;

(d) A listing of all telephone numbers, including pay-per-call numbers, to be
used by the commercial telephone seller;

(e) The name, residential address, and position held by each principal of the
commercial telephone seller and the names, residential addresses, and positions of
those persons who have management responsibilities in connection with the
commercial telephone seller's business activities;

(f) A description of the goods, services, property, or extension of credit the
commercial telephone seller is offering for sale and a copy of all sales scripts the
commercial telephone seller requires salespersons to use when soliciting
prospective purchasers, or, if no sales script is required to be used, a description of
the sales presentation;

(g) All rules, regulations, terms, restrictions, and conditions to receiving any
prize, bonus, award, gift, or premium, if applicable, including a description of each
prize, bonus, award, gift, or premium, and the actual or approximate odds of a
purchaser's receiving such prize, bonus, award, gift, or premium;

(h) A copy or representative sample of all written materials the seller sends
to any purchaser;

(i) Such additional information regarding the conduct of the commercial
telephone seller's business and the personnel conducting the business as may
reasonably be required by the attorney general.

Legislative History

Source: L. 93: Entire part added, p. 947, � 3, effective July 1.