Florida Statutes 501.6175 – Recordkeeping
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 501.6175
- Commercial telephone seller: means a person who engages in commercial telephone solicitation on his or her own behalf or through salespersons. See Florida Statutes 501.603
- Consumer: means an individual; child, by and through its parent or legal guardian; business; firm; association; joint venture; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; any commercial entity, however denominated; or any other group or combination. See Florida Statutes 501.203
- Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 501.603
- Salesperson: means any individual employed, appointed, or authorized by a commercial telephone seller, regardless of whether the commercial telephone seller refers to the individual as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the commercial telephone seller. See Florida Statutes 501.603
A commercial telephone seller shall keep all of the following information for 2 years after the date the information first becomes part of the seller’s business records:
(1) The name and telephone number of each consumer contacted by a telephone sales call.
(2) All express requests authorizing the telephone solicitor to contact the consumer.
(3) Any script, outline, or presentation the applicant requires or suggests a salesperson use when soliciting; sales information or literature to be provided by the commercial telephone seller to a salesperson; and sales information or literature to be provided by the commercial telephone seller to a consumer in connection with any solicitation.
Within 10 days of an oral or written request by the department, including a written request transmitted by electronic mail, a commercial telephone seller must make the records it keeps pursuant to this section available for inspection and copying by the department during the department’s normal business hours. This section does not limit the department’s ability to inspect and copy material pursuant to any other law.