The following shall be considered to be prohibited or deceitful practices by any salesperson or telephone solicitor:
(1) Failure to state at the beginning of the call and prior to requiring any payment:
(a) The true purpose of the telephone call.
(b) The real name of the company or entity initiating the telephone call.
(c) The goods or services being offered.
(2) Failure to communicate clearly and in detail the following information:
(a) The total cost for the consumer of the sale of the goods to be received.
(b) Any restriction, limitation or condition on the purchase or use of the goods subject of the sale.
(c) Any term or condition on the cancellation, return or exchange policy of the seller.
(d) Any cost or condition related to the granting of prizes, including the probabilities of winning the prize, and the nature and value of the prize.
(e) The exact amount of any offer.
(3) Failure to correctly inform [sic] the quality and basic characteristics of the goods or services being offered.
(4) Falsely announcing that the product or company in question has the endorsement of any government entity or agency.
(5) Requiring or submitting any charge to the bank account or credit card of a consumer without being authorized to do so by the consumer.
History —Aug. 28, 2003, No. 210, § 4.