Seller Telephone Soliciting
Frequently Asked Questions
"Seller" means a person (or group of persons) who conduct(s) telephone solicitations that originate in Utah or are received in Utah, or who conduct(s) any business operations in Utah, whether directly or through a solicitor acting on their behalf.
An affiliated person can be a seller, or a seller's contractor, director, employee, officer, owner, or partner.
A participant can be a seller, or an owner, officer, director, a member or manager of a limited liability company; principal, trustee, a general or limited partner, sole proprietor or an individual with a controlling interest in an entity.
Yes, if the organization makes a telephone call, pitches a product or service, and the person agrees to commit to payment.
the organization may also need to register if the organization makes a telephone call to set an appointment that leads to a sale.
The three day right to cancel information must be provided if the purchaser, over the telephone pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods or services.
Telephone Fraud Prevention Act, Utah Code §13-26-5. Right of rescission -- Cancellation.
- Except as provided in Subsections (1)(b) and (c), in addition to any right to otherwise revoke an offer, a person making a purchase from a telephone soliciting business required to be registered under this chapter may cancel the sale up to midnight of the third business day after the receipt of the merchandise or premium, whichever is later, provided the solicitor advises the purchaser of his cancellation rights under this chapter at the time any solicitation is made.
- If the solicitor required to be registered under this chapter fails to orally advise a purchaser of the right to cancel under this section at the time of any solicitation, the purchaser's right to cancel shall be extended to 90 days.
- If the solicitor required to be registered under this chapter fails to orally advise a purchaser of his true name, telephone number, and complete street address at the time of any solicitation, the purchaser may cancel the sale at any time.
Yes, additionally if contract needs to have the same 3 day right to cancel as stated in TFPA.
- In addition to any right to otherwise revoke an offer, a person making a purchase from a telephone soliciting business required to be registered under this chapter may cancel the sale up to midnight of the third business day after the receipt of the merchandise or premium, whichever is later.
- Clear disclosure that a cancellation must be in writing.
- The organization's mailing address.
- The organization's refund policy after the 3 day right to cancel ends.
- A completed fingerprint card.
- Completed Utah Consent to Background Check Form.
- Fingerprint cards cannot be submitted to BCI with the consent form.
- $20.00 background check fee.
- Instructions available with the application form
- Amended registration form.
- Request to Terminate Rap Back Program Form. Available with the application form.
Submit the appropriate pages of the telemarketing application; including amended legal documents, and supporting documents reflecting the changes to the application.
According to the Telephone Fraud Prevention Act Rules R152-26-5(5), If information in an application for registration or for renewal of registration as a telephone soliciting business materially changes or becomes incorrect or incomplete, the applicant shall, within 30 days after the information changes or becomes incorrect or incomplete, submit the correct information on the corresponding page of the registration application with a cover page or letter clarifying that the submission is correcting information to an existing registration.
- Material changes to the legal status of the registrant's organization or ownership of the telephone soliciting business may not be submitted as an amendment to an existing registration. An initial application for registration must be completed and submitted for approval by the Division.
- The director may suspend or revoke a registration if material changes or corrections to the registration are not submitted as required by this rule.
- Contact your insurance company to see if they write performance bonds.
- Contact the Department of Insurance for a list of surety companies that are registered to do business in the State of Utah.
- Contact your financial institution to see if they write surety performance bonds.
The registered agent is a person or service corporation that accepts service of process on your behalf.
Registration is annual. The Division cannot issue a registration certificate that exceeds the expiration date of the surety compliance.
The Telephone Fraud Prevent Act, Utah Code Ann. §13-26-3 states, A telephone soliciting business shall keep a bond, certificate of deposit, or letter of credit in force for one year after it notifies the division in writing that it has ceased all activities regulated by this chapter.