§ 51-18-01 — Definitions

North Dakota § 51-18-01

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-18: Regulation of Home Solicitation Sales

Text

In this chapter, unless the context otherwise requires:
1. "Consumer goods or services" means goods or services purchased, leased, or rented
primarily for personal, family, or household purposes, including courses of instruction
or training regardless of the purpose for which they are taken.
2. "Person" includes a corporation, limited liability company, company, partnership, firm,
association, or society, as well as a natural person. When the word "person" is used to
designate the party whose property may be the subject of a criminal or public offense,
the term includes the United States, this state, or any territory, state, or country, or any
political subdivision of this state which may lawfully own any property, or a public or
private corporation, limited liability company, or partnership or association. When the
word "person" is used to designate the violator or offender of any law, it includes
corporation, limited liability company, partnership, or any association of persons.
3. "Personal solicitation sale" means a sale, lease, or rental of consumer goods or
services in which the seller or the seller's representative solicits the sale, lease, or
rental, by telephone or in person, and the buyer's agreement or offer to purchase is
made at a place other than the place of business of the person soliciting the same and
that agreement or offer to purchase is there given to the seller or the seller's
representative. A transaction is not a personal solicitation sale if it is made pursuant to
prior negotiations between the parties at a business establishment at a fixed location
where goods or services are offered or exhibited for sale, lease, or rental.
4. "Seller" means a person who makes a personal solicitation sale.
5. "Seller's representative" means a person who makes a personal solicitation sale on
behalf of a seller.
6. "Telepromoter" means any person who, individually, through salespersons or agents,
or through the use of an automatic dialing-announcing device initiates telephone
contact with a consumer or who by written notice requests that the consumer contact
the person by telephone and who represents one or more of the following:
a. That if the consumer buys one or more items from the telepromoter, the
consumer will also receive additional or other items, whether or not of the same
type as purchased, without further cost or at a cost which the seller states or
implies is less than the regular price of those items.
b. That a consumer will receive a prize, premium, or gift if the telepromoter also
encourages the consumer to do either of the following:
(1) Purchase or rent any goods or services.
(2) Pay any money, including a delivery or handling charge.
c. That the consumer has in any manner been specially selected to receive the
written notice or the offer contained in the written notice.
The term does not include any nonprofit or charitable organization exempt from federal
taxation under section 501(c)(3) of the United States Internal Revenue Code
[26 U.S.C. 501(c)(3)].