Section 04.02.01.081 - DISCLOSURE REQUIREMENTS IN GIFT PROMOTIONSIt is an unfair and deceptive act or practice for a seller to offer, in writing, any goods or services, without obligation, as an inducement to a consumer to attend an in-person sales presentation or contact the seller by telephone or by mail, but only if the seller follows up the consumer's mail contact with a telephone contact, unless the offer clearly and conspicuously discloses in writing all of the following: (3-31-22)
01.Name and Address. The name and street address of the seller of the goods or services which are the subject of the sales presentation or contact with the seller. If the offer is made by an independent contractor of the seller, or is made under a name other than the true name of the seller, the name of the seller shall be more prominently and conspicuously displayed than the name of the independent contractor or other name. (3-31-22)02.Purpose of Contact. The purpose of the requested sales presentation or contact with the seller, which shall include a general description of the goods or services that are the subject of the sales presentation and a clear statement, if applicable, that there will be a sales presentation and the approximate duration of the sales presentation. (3-31-22)03.Odds. If the consumer is not assured of receiving any particular good or service, a statement of the odds of receiving each good or service offered. The odds "100,000" or "1:100,000." The odds shall be printed in a type size that is at least equal to that used for the standard text on the front (or first) page of the offer. (3-31-22)04.Conditions. All restrictions, qualifications, and other conditions that must be satisfied before the consumer is entitled to receive the good or service, including but not limited to: (3-31-22) a. Any deadline by which the consumer must attend the sales presentation or contact the seller in order to receive the good or service; and (3-31-22)b. Any other conditions, such as a minimum age qualification, a financial qualification, or a requirement that if the consumer is married both husband and wife must be present in order to receive the good or service. Any financial qualifications shall be stated with specificity sufficient to enable the person to reasonably determine his or her eligibility; (3-31-22)05.Verifiable Retail Value. The verifiable retail value of each good or service the consumer has been offered, awarded, or may be awarded. (3-31-22)06.No Purchase Necessary. That no purchase is necessary in order to receive the goods or services that have been offered to the consumer as an inducement to attend the in-person sales presentation or contact the seller by telephone or by mail, but only if the seller follows up the consumer's mail contact with a telephone contact. (3-31-22)07.Other Requirements. All other rules, terms and conditions of the offer, plan, or program. (3-31-22)Idaho Admin. Code r. 04.02.01.081