PREFILED JAN 02 2020
|
REFERENCE TITLE: telephone solicitations calls; do-not-call list |
|
State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
|
|
HB 2077 |
|
|
|
Introduced by Representative Kavanagh
|
AN ACT
amending section 44‑1276, Arizona Revised Statutes; relating to telephone solicitations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 44-1276, Arizona Revised Statutes, is amended to read:
44-1276. Required disclosures; payment for goods; identification of seller or solicitor; civil penalty; cancellation of telephone solicitation or business opportunity sale; notice of right to cancel;
A. Before beginning the solicitation or sales presentation over the telephone, the seller or solicitor shall disclose to the consumer:
1. The complete street address of the physical location from which the seller or solicitor is making the telephone solicitation and the complete street address of the seller's principal location.
2. The legal name of the seller on whose behalf the solicitor is making the solicitation.
3. The solicitor's true legal name.
4. That the purpose of the call is to sell merchandise.
5. That the consumer may request that the consumer's telephone number be added to the seller's or solicitor's entity specific do‑not‑call list. If the consumer makes this request, the seller or solicitor shall immediately end the call and shall add the number to the list or cause the number to be added to the list. A seller or solicitor who violates this paragraph is subject to a civil penalty of up to $1,000 for each violation.
B. During any solicitation or sales presentation made by a seller or solicitor and in any written correspondence provided to the consumer as part of the solicitation, the seller or solicitor shall clearly and conspicuously disclose to the consumer:
1. Any charge, including the amount for the use of any premium being offered.
2. Any material restriction, requirement, condition, limitation or exception that is associated with the use of the premium.
3. Any charge connected with the sale of merchandise.
4. The time period within which any premium will be delivered.
5. The consumer's right to cancel the transaction pursuant to subsection C of this section.
C. In addition to any right to otherwise revoke an offer, the consumer may cancel a telephone solicitation sale up to midnight of the third business day after the receipt of the merchandise or premium, whichever is later.
D. No A telephone solicitation sale or sale of a business opportunity or merchandise related to a business opportunity is not effective unless the consumer is both:
1. Advised orally and in writing of the legal name, telephone number and complete street address of the physical location of the seller.
2. Advised orally of the right of cancellation along with a written notice containing the following information:
Notice of Cancellation
1. You may cancel this order without any penalty or obligation within three business days from the delivery of the merchandise or premium (gift, bonus, prize or award), whichever is later.
2. If you cancel, any payments made by you will be returned within ten days after the receipt by the seller of your notice of cancellation.
3. To cancel this transaction, mail or deliver a signed and dated copy of your cancellation notice or send a telegram to ___________________ at ___________________________________.
(Name of seller) (Address of seller's place of business)
4. If you cancel, any merchandise or premium delivered to you must be returned at our expense to ____________________
(Name of seller) at _______________________________________
(Address of seller's place of business)
no not later than twenty‑one business days after the receipt of this merchandise or premium, whichever is later.
E. The notice of cancellation given by the consumer is effective if it indicates the intention on the part of the consumer not to be bound by the telephone solicitation sale or sale of a business opportunity or merchandise related to a business opportunity.
F. A provision of a contract, offer or agreement that waives a consumer's right of cancellation under this section is void and has no effect.
G. A solicitor Solicitors shall accurately identify themselves on caller identification when making a telephone solicitation call calls to a residential or mobile telephone cellular telephones in Arizona this state.
H. For the purposes of this section, business day does not include Sunday or a federal or state holiday.