13-26-11 - Prohibited practices.
13-26-11. Prohibited practices.
(1) It is unlawful for any solicitor:
(a) to solicit prospective purchasers on behalf of a telephone soliciting business that isnot registered with the division or exempt from registration under this chapter;
(b) to use a fictitious personal name in connection with a telephone solicitation;
(c) to make or cause to be made any untrue material statement, or fail to disclose amaterial fact necessary to make any statement made not misleading, whether in connection with atelephone solicitation or a filing with the division;
(d) to make or authorize the making of any misrepresentation about its compliance withthis chapter to any prospective or actual purchaser;
(e) to fail to refund within 30 days any amount due a purchaser who exercises the right tocancel under Section 13-26-5; or
(f) to fail to orally advise a purchaser of the purchaser's right to cancel under Section13-26-5 unless the solicitor is exempt under Section 13-26-4.
(2) It is unlawful for any telephone soliciting business:
(a) to cause or permit any solicitor to violate any provision of this chapter; or
(b) to use inmates in telephone soliciting operations where inmates have access topersonal data about an individual sufficient to physically locate or contact that individual, such asnames, addresses, telephone numbers, Social Security numbers, credit card information, orphysical descriptions.
Amended by Chapter 18, 2005 General Session