Arizona Laws 44-1276. Required disclosures; payment for goods; identification of seller or solicitor; 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:
Terms Used In Arizona Laws 44-1276
- Consumer: means a person who is solicited by a seller or solicitor. See Arizona Laws 44-1271
- Contract: A legal written agreement that becomes binding when signed.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Merchandise: means objects, wares, goods, commodities, intangibles, real estate, securities or services. See Arizona Laws 44-1271
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Premium: means any gift, bonus, prize, award or other incentive or inducement to purchase merchandise. See Arizona Laws 44-1271
- Principal: means an owner or an officer of a corporation or limited liability company, a general partner of a partnership, a sole proprietor of a sole proprietorship, a partner of a limited liability partnership, a trustee of a trust and any other individual who controls, manages or supervises a telephone sales operation. See Arizona Laws 44-1271
- Prize: means anything offered or purportedly offered and given or purportedly given to a person by chance. See Arizona Laws 44-1271
- sell: means a sale or any other disposition of a security or interest in a security for value and includes a contract to make such sale or disposition. See Arizona Laws 44-1801
- Seller: means a person who, directly or through a solicitor, does any of the following:
(a) Initiates telephone calls to provide or arrange to provide merchandise to consumers in exchange for payment. See Arizona Laws 44-1271
- Solicitor: means a person, other than a seller or employee of a seller, who uses a telephone to seek sales or rentals of merchandise on behalf of a seller or uses a telephone to verify sales or rentals for a seller. See Arizona Laws 44-1271
- Telephone solicitation: means any voice communication from a live operator, announcing device or otherwise that offers merchandise for sale or rent and that is to or from a person located in this state. See Arizona Laws 44-1271
- Writing: includes printing. See Arizona Laws 1-215
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.
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.
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 telephone solicitation sale or sale of a business opportunity or merchandise related to a business opportunity is 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 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 shall accurately identify themselves on caller identification when making a telephone solicitation call to a residential or mobile telephone in Arizona.
H. For the purposes of this section, business day does not include Sunday or a federal or state holiday.