Current through February 27, 2024
(a) To register, a
telephonic seller must file a notice of intent to engage in a telephonic
solicitation campaign on a form or in a format issued by the department.
Information provided in the notice must include
(1) the telephonic seller's full legal name
and the names by which it does business, and the telephonic seller's federal
taxpayer identification number;
(2)
the telephonic seller's mailing address, physical address, telephone number,
facsimile number, electronic mail address, and Internet address;
(3) any additional addresses and telephone
numbers from which the telephonic seller will solicit sales;
(4) the form of the telephonic seller's
organization and when and where it was incorporated or legally established;
(5) the identity and contact
information for the principals, officers, owners, and managers of the
telephonic seller;
(6) a detailed
description of the goods or services to be offered in the telephonic
solicitation campaign;
(7) the
mailing address, physical address, telephone number, facsimile number,
electronic mail address, and Internet address for any affiliated entity;
(8) the form of the affiliated
entity and when and where it was incorporated or legally established;
(9) a list of other states where
the telephonic seller is registered to conduct telephonic sales;
(10) a list of states where the telephonic
seller's registration to conduct telephonic sales has been denied, suspended,
or revoked;
(11) information about
criminal convictions, civil judgments, orders, consent decrees, bankruptcy
proceedings, and administrative determinations relating to the telephonic
seller or its principals, officers, owners, or managers; and
(12) a statement describing how the
telephonic seller will comply with
AS
45.50.475(a)(2) -
(4).
(b) With the notice of intent the telephonic
seller must submit documents related to the solicitation campaign as requested
by the department, including
(1) the script
containing the required representations under
AS
45.63.045;
(2) if the telephonic seller does not require
its salespeople to use a script,
(A) the
outline, materials, or information that the telephonic seller uses or refers to
when contacting the buyer; and
(B)
a statement describing how the telephonic seller will comply with
AS
45.63.045;
(3) a sample of the written contract required
under AS
45.63.020, including
(A) the notice of the rights of the buyer
under AS
45.63.030(a); and
(B) the information required in
9
AAC 14.040; and
(4) copies of promotional materials
associated with the telephonic solicitation campaign.
(c) The principals, owners, officers,
managers, or other individuals with similar ownership or supervisory
responsibilities must sign the notice of intent, and certify under the penalty
of unswom falsification under
AS
11.56.210 that the information provided is
true and correct.
(d) The
department will not accept a notice of intent from a telephonic seller if
(1) the notice of intent is not complete;
(2) the notice of intent or
accompanying documents contain material misrepresentations or false
information;
(3) the information
provided is not legible;
(4) the
appropriate representatives of the telephonic seller have not signed the notice
of intent; or
(5) the telephonic
seller has not complied with requirements of
AS
45.63.010 or this section.
(e) A registration is
complete for purposes of
AS
45.63.010 on the date the department sends an
acknowledgement to the telephonic seller that the telephonic seller has
complied with
AS
45.63.010.
(f) Nothing in this section relieves a
telephonic seller of the obligation to provide documents to the department
under AS 44.23, AS 45.50, or another provision of law.
The Department of Law's Notice of Intent to Engage in
Telephonic Solicitations is available from the Department of Law, 1031 West 4th
Avenue, Suite 200, Anchorage, Alaska 99501-1994, or at the following Internet
address:
http://www.law.alaska.gov/department/civil/consumer/telemarketreg.html
Authority:
AS
45.63.010
AS
45.63.090
