407.1070. Definitions.
Definitions.
407.1070. As used in sections 407.1070 to 407.1085, the followingterms shall mean:
(1) "Advertisement", as defined in section 407.010;
(2) "Caller identification service", a type of telephone servicewhich permits telephone subscribers to see the telephone number of incomingtelephone calls;
(3) "Consumer", a natural person who purchases, may purchase or issolicited for purchase of merchandise or an investment opportunity by atelemarketer through telemarketing;
(4) "Established business relationship", a prior or existingrelationship formed by a voluntary two-way communication between a selleror telemarketer and a consumer with or without an exchange ofconsideration, on the basis of an inquiry, application, purchase ortransaction by the consumer regarding products or services offered by suchseller or telemarketer, which relationship has not been previouslyterminated by either party;
(5) "Fictitious name", any name, other than the legal name, used by aseller or telemarketer;
(6) "Investment opportunity", anything tangible or intangible that isoffered for sale, sold or traded based wholly or in part onrepresentations, either express or implied, about past, present or futureincome, profit or appreciation;
(7) "Material aspect or element", any factor likely to significantlyinfluence the consumer's choice of, or conduct regarding, merchandise;
(8) "Merchandise", any objects, wares, goods, commodities,intangibles, real estate or services; except that merchandise shall notinclude any services, goods or memberships given to a contributor by anentity, organized pursuant to Chapter 501(c)(3) of the United StatesInternal Revenue Code, while such entity is engaged in fund-raising tosupport the charitable purpose for which the entity was establishedprovided that a bona fide member of such exempt organization makes thevoice communication;
(9) "Prize", anything offered or purportedly offered or given orpurportedly given to a consumer by chance. For purposes of thisdefinition, chance exists if a consumer is guaranteed to receive anythingof value and, at the time of the offer or purported offer, the telemarketerdoes not identify the specific item that the consumer will receive;
(10) "Promptly", at the beginning of any call initiated by atelemarketer to a consumer;
(11) "Seller", any person who, in connection with a telemarketingtransaction, provides, offers to provide, or arranges for others to providemerchandise to the consumer in exchange for consideration;
(12) "Telemarketer", any person, or any recorded, computer-generated,electronically generated or other voice communication of any kind, who, inconnection with telemarketing, initiates or receives telephone calls to orfrom a consumer. A telemarketer includes, but is not limited to, any suchperson that is an owner, operator, officer, director or partner to themanagement activities of a business;
(13) "Telemarketing", a plan, program or campaign which is conductedto induce the purchase or lease of merchandise by use of one or moretelephones and which involves more than one telephone call.
(L. 2000 S.B. 763)