Rule 590-3-1-.14 - Advertising and Solicitation(1) Advertising. Each person required to be registered under the Act will maintain for a period of three (3) years a file of all brochures and copies of all advertising containing price information or offers of free or discounted goods or services, if such advertising was actually printed, published, broadcast or placed on any printed or electronic media. Said file shall also contain the time period during which the materials were used.(2) Residential Solicitations. (a) For purposes of this rule, residential solicitation shall mean: "a telephone call to, or an in-person visit at, any place a person defines as his or her home."(b) No officer, director, employee, or agent of any entity required to be registered under the Act shall initiate, conduct, or attempt to conduct a residential solicitation, for the purpose of selling or other transfer of burial rights, burial or funeral merchandise or burial or funeral services, before the hour of 9:00 a.m. or after the hour of 9:00 p.m. except upon the prior express request of the person solicited.(c) No officer, director, employee or agent of any entity required to be registered under the Act shall make any residential solicitation in which the person solicited is asked to visit the office of the cemetery, funeral home or other establishment for the purpose of updating records, confirming records, or similar purposes, if it is intended at the time of such visit to seek to sell or offer to sell such person burial rights, burial or funeral merchandise or burial or funeral services.(3) Requirement or Suggestion of Office Visit or Personal Meeting. No person registered under the Act may: (a) require any person to visit any office or other location, or insist upon a personal meeting at any other location, in order to take any action related to the subject matter of the Act if such action may reasonably be accomplished by telephone, mail or other means; or(b) suggest to or inform any person that such person should visit any office or other location, or meet personally at any other location, without informing such person that the reason for the visit or meeting is a sales solicitation, if it is intended that a sales solicitation will take place at such meeting.Ga. Comp. R. & Regs. R. 590-3-1-.14
O.C.G.A. Secs. 10-14-14, 44-3-139.
Original Rule entitled "Sales Contracts" was filed on September 9, 1983; effective October 5, 1983, as specified by the Agency.Repealed: Rule retitled "Advertising and Solicitation" held in Reserve. F. July 26, 2000; eff. August 15, 2000.Repealed: New Rule of same title adopted. F. Jan. 17, 2002; eff. Feb. 6, 2002. Repealed: New Rule of same title adopted. F. May 19, 2005; eff. June 8, 2005.