Section 04.02.01.162 - PROHIBITED PRACTICESIt is an unfair and deceptive act or practice for a seller: (3-31-22)
01.Misrepresentations About How or Why Consumer Selected. In soliciting a sale or order for the sale of goods or services, either in person or by telephone, at other than appropriate trade premises, to: (3-31-22)a. Represent that the seller making the solicitation is making an offer to specially selected persons or that the consumer has been specifically selected, unless the selection process is designed to reach a particular type or types of persons; or (3-31-22)b. Represent that the seller making the solicitation is conducting a survey, test, or research project, or is engaged in a contest or other venture to win a cash award, scholarship, vacation, or similar prize, if in fact the principal purpose or objective is to make a sale of goods or services or to obtain information to help identify sales prospects. (3-31-22)02.Misleading Practices. In soliciting a sale or order for the sale of goods or services, either in person or by telephone, at other than appropriate trade premises, to misrepresent, directly or by implication: (3-31-22)a. The identity of the seller, the person on whose behalf the seller is making solicitations, the seller's affiliation or association with other firms, businesses, or governmental entities, or the identity of the goods or services he offers to sell. For example, the X City Fire Department is putting on a fireman's ball. It hires a professional solicitor who is getting a percentage of the proceeds. The solicitor and his employees and agents should identify themselves on the telephone as follows: "I am Pat Telemarketer of XYZ Productions and I am calling for the X City Fire Department." (3-31-22)b. The reasons for, existence of, or amounts of price reductions; (3-31-22)c. The length of any sales presentation; (3-31-22)d. The delivery or performance date; or (3-31-22)e. The nature or purpose of any documents the consumer is requested or required to execute in connection with the purchase or lease of any goods or services. (3-31-22)Idaho Admin. Code r. 04.02.01.162