19.158.110 - Commercial telephone solicitor -- Duties and prohibited acts -- Notice to customers.

Commercial telephone solicitor — Duties and prohibited acts — Notice to customers.

(1) Within the first minute of the telephone call, a commercial telephone solicitor or salesperson shall:

     (a) Identify himself or herself, the company on whose behalf the solicitation is being made, the property, goods, or services being sold; and

     (b) Terminate the telephone call within ten seconds if the purchaser indicates he or she does not wish to continue the conversation.

     (2) If at any time during the telephone contact, the purchaser states or indicates that he or she does not wish to be called again by the commercial telephone solicitor or wants to have his or her name and individual telephone number removed from the telephone lists used by the commercial telephone solicitor:

     (a) The commercial telephone solicitor shall not make any additional commercial telephone solicitation of the called party at that telephone number within a period of at least one year; and

     (b) The commercial telephone solicitor shall not sell or give the called party's name and telephone number to another commercial telephone solicitor: PROVIDED, That the commercial telephone solicitor may return the list, including the called party's name and telephone number, to the company or organization from which it received the list.

     (3) The utilities and transportation commission shall by rule ensure that telecommunications companies inform their residential customers of the provisions of this section. The notification may be made by:

     (a) Annual inserts in the billing statements mailed to residential customers; or

     (b) Conspicuous publication of the notice in the consumer information pages of local telephone directories.

     (4) If a sale or an agreement to purchase is completed, the commercial telephone solicitor must inform the purchaser of his or her cancellation rights as enunciated in this chapter, state the registration number issued by the department of licensing, and give the street address of the seller.

     (5) If, at any time prior to sale or agreement to purchase, the commercial telephone solicitor's registration number is requested by the purchaser, it must be provided.

     (6) All oral disclosures required by this section shall be made in a clear and intelligible manner.

[1989 c 20 § 11.]