TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 10

IDAHO TELEPHONE SOLICITATION ACT

48-1004.  Telephone solicitor duties. (1) Telephone solicitors shall:

(a)  Register with the attorney general at least ten (10) days prior to conducting business in Idaho. All registrations shall be valid for a period of one (1) year from the effective date of the registration. Any information reported in the application which has changed during the year shall be reported within two (2) weeks of such change to the attorney general and shall be included in an amended registration form filed at the time the telephone solicitor renews his registration. Registrations may be renewed annually by applying to the attorney general and paying a registration renewal fee;

(b)  File with the attorney general an irrevocable consent appointing the attorney general as an agent to receive civil process in any action, suit, or proceeding brought under this chapter;

(c)  Provide his registration number to any purchaser who requests the registration number;

(d)  Orally inform the purchaser at the time the purchase is completed of his right to cancel as provided in subsection 48-1004(2), Idaho Code, and state the telephone solicitor’s registration number issued by the attorney general;

(e)  Provide accurate and complete information when making a registration application and possess and maintain a valid registration as required in this chapter; and

(f)  Give the full street address, including the telephone number, of the telephone solicitor if a sale or purchase is completed.

(2)  Unless the purchaser has an unqualified right to return the goods or cancel the services and receive a full refund, the telephone solicitor shall send a written confirmation to the purchaser, which shall contain the following statement in ten (10) point bold face type, which sets forth a purchaser’s right to cancel any agreement made pursuant to a telephone solicitation under this section:

NOTICE OF CANCELLATION

     You may cancel this transaction, without any penalty or obligation whatsoever, within three business days of the date in which you receive this written confirmation.

     If you cancel, all payments or other consideration which may have already been made by you will be returned within ten business days following receipt by the telephone solicitor of your cancellation notice.

     If you cancel, you must return the goods to the telephone solicitor at the address listed below and at the telephone solicitor’s risk and expense within twenty-one days of the date you receive back from the telephone solicitor the payments or consideration you have already made.

     To cancel this transaction, deposit in the mail or deliver a signed and dated copy of this cancellation notice or any other written notice to …..(Name of telephone solicitor)….., at …..(Address of seller’s place of business)….. not later than midnight of the third business day after which you received this notice.

I hereby cancel this transaction.

(Date)

(Buyer’s signature)

History:

[48-1004, added 1992, ch. 27, sec. 1, p. 85.]