Section 45.63.010. Registration.

   (a) A person may not sell or attempt to sell property or services by telephonic means if the person makes substantially the same offer on substantially the same terms to two or more persons, unless the telephone seller is registered with the Department of Law at least 30 days before the solicitation campaign.
   (b) To register under (a) of this section, a person shall file with the department
        (1) a notice of intent to engage in a solicitation campaign; a separate notice of intent shall be filed for each solicitation campaign;
        (2) an irrevocable consent appointing the department the person's agent for the receipt of service of process in a court action or other proceeding against the person, or the successor in interest of the person, for a violation of this chapter; and
        (3) a signed statement that the person has read and will comply with this chapter and the regulations adopted under this chapter.
   (c) Registration under (b) of this section is not complete until the telephone seller receives an acknowledgement from the department that the seller has complied with (b) of this section.
   (d) The notice of intent must be on a form or in a format provided and established by the department by regulation. The department may require the notice of intent to be submitted under oath or affirmation or with notice that false statements made are punishable as unsworn falsification in the second degree under AS 11.56.210. The notice of intent must include detailed information about the nature of the solicitation campaign and the identity and business practices of the telephone seller, including information on the employees, agents, and officers affiliated with the telephone seller. The notice of intent must disclose criminal convictions, civil judgments, orders, consent decrees, or administrative determinations involving allegations of unfair or deceptive business practices by the telephone seller.
   (e) A person may not provide false information in a notice of intent.

Authorities

45.63.015;45.63.060;45.63.080;45.63.100

Notes

Implemented As

9 AAC 14.010
9 AAC 14.020
9 AAC 14.040
9 AAC 14.890
9 AAC 14.900

References

9 AAC 14.010
9 AAC 14.060
AS 45.63.015 Registration fees.
AS 45.63.060 Criminal penalties.
AS 45.63.080 Exemptions.
AS 45.63.100 Definitions.

History

(Sec. 1 ch 60 SLA 1993; am Sec. 10 - 12 ch 55 SLA 2004; am Sec. 29 ch 42 SLA 2006)