- A telephone solicitor commits the offense of telephone solicitation fraud when engaged in any one of the following:
- Fails to obtain or maintain a valid certificate of registration;
- Obtains a certificate of registration through any false or fraudulent pretence or representation in any registration application;
- Knowingly fails to have received written consent to use the name of a charitable organization;
- Knowingly misrepresents any of the following:
- The total cost of the goods or services that are the subject of the telephone solicitation sales call;
- Material restrictions, material limitations, or material conditions to the purchase of goods or services that are the subject of a telephone solicitation;
- Material aspects of the performance, efficacy, nature or characteristics of goods or services that are the subject of a telephone solicitation; or
- Material aspects of the nature of terms of the telephone solicitor's refund, cancellation, exchange or repurchase policies;
- Induces a consumer to purchase goods or services by means of a false or fraudulent pretense, representation or promise;
- Charges a consumer's checking or savings account without the consumer's express written authorization; or
- Procures the services of any professional delivery, courier, or other pickup service to obtain immediate receipt and/or possession of a consumer's payment unless the goods are delivered with the opportunity to inspect before payment is collected.
- A person who violates any provision of this section shall be subject to the penalties provided in §§ 22-3226.09 and 22-3226.10.
Historical and Statutory
Legislative History of Laws
For Law 13-301, see notes following § 22-3226.01.
DC CODE § 22-3226.06
Current through December 11, 2012
(Dec. 1, 1982, D.C. Law 4-164, § 126f, as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)