Effective: December 5, 1996
Latest Legislation: Senate Bill 214 - 121st General Assembly
(A) Within the first sixty seconds of a telephone call, and before requesting any financial information or conveying to the consumer any substantive information about a prize, product, or service, no telephone solicitor or salesperson shall fail to do all of the following:
(1) State the solicitor's or salesperson's true name and the company on whose behalf the solicitation is being made;
(2) State that the purpose of the telephone call is to effect a sale;
(3) Identify the goods or services being sold.
(B) If a sale or an agreement to purchase is completed during a telephone call, no telephone solicitor or salesperson, before requesting payment, shall fail to inform the purchaser of the rights granted under section 4719.07 of the Revised Code and disclose all of the following information in a clear and conspicuous manner:
(1) The street address and telephone number of the telephone solicitor;
(2) The total costs to purchase, receive, or use, and the quantity of, any goods or services that are the subject of the telephone solicitation;
(3) All material restrictions, limitations, or conditions to purchase, receive, or use the goods or services that are the subject of the telephone solicitation;
(4) All material terms and conditions of the telephone solicitor's policy of making refunds, cancellations, exchanges, or repurchases;
(5) In any prize promotion, a description of the prize; its market value; all material conditions to receive or redeem the prize; the odds of being able to receive the prize and, if the odds are not calculable in advance, the factors and methods used in calculating the odds; that no purchase or payment of any kind is required to win a prize or to participate in a prize promotion; and the no-purchase or no-payment method of participating in the prize promotion, with either instructions on how to participate or an address or local or toll-free telephone number to which customers may write or call for information on how to participate.
(C) No telephone solicitor or salesperson shall fail to make an oral disclosure required by this section in a clear and intelligible manner.
Structure Ohio Revised Code
Title 47 | Occupations-Professions
Chapter 4719 | Telephone Solicitors
Section 4719.01 | Telephone Solicitor Definitions - Exemptions.
Section 4719.02 | Certificate of Registration or Registration Renewal.
Section 4719.03 | Certificate of Registration -Disciplinary Actions.
Section 4719.04 | Surety Bond Requirements.
Section 4719.05 | Representations Concerning Gift, Award or Prize.
Section 4719.06 | Disclosure of Information.
Section 4719.07 | Signed Written Confirmations of Sales.
Section 4719.08 | Prohibited Acts.
Section 4719.09 | Waiver of Rights.
Section 4719.10 | Administrative Rules.
Section 4719.11 | Conduct of Investigations.
Section 4719.12 | Injunctions - Civil Penalties.
Section 4719.13 | Initiation of Criminal Proceedings.
Section 4719.14 | Consumer Sales Practices Act Applicable.
Section 4719.15 | Civil Action by Purchaser.
Section 4719.16 | Powers, Remedies, and Penalties Are in Addition to Others Provided by Law.
Section 4719.17 | Telemarketing Fraud Enforcement Fund.
Section 4719.18 | Purposes and Construction of Chapter.
Section 4719.21 | Blocking Telephone Solicitor's Number Prohibited.
Section 4719.22 | Compliance With Law Regarding Sanctions for Human Trafficking.