Fla. Admin. Code Ann. R. 5J-5.001 - Definitions
(1) As referenced in Section 501.059(1)(k)1.,
F.S., the term "in response to an express request" means a telephonic sales
call made no more than 18 months from the date of a request that:
(a) Has been made in writing, bearing the
signature or electronic signature, if recognized as a valid signature under
applicable federal or state law, of the person called; and,
(b) Clearly authorizes the telephone
solicitor to contact the consumer called; and,
(c) Includes the specific telephone numbers
by which the consumer called may be contacted.
(2) As referenced in Section 501.059(1)(k)3.,
F.S., the term "prior or existing business relationship" means a relationship
formed by a voluntary two-way communication between a telephone solicitor and a
consumer with or without an exchange of consideration, on the basis of the
consumer's purchase or transaction with the entity within the eighteen (18)
months immediately preceding the date of the telephonic sales call or on the
basis of the consumer's inquiry or application regarding products or services
offered by the entity within the three months immediately preceding the date of
the telephonic sales call, which relationship has not been previously
terminated by either party.
(3) As
referenced in Section
501.059(5),
F.S., the term "previously communicated" means:
(a) That the consumer, business or donor has
communicated directly to the telephone solicitor or person; or
(b) That the consumer, business or donor has
communicated to the department in the form of a written complaint and that
complaint has been provided to the telephone solicitor or person as part of the
department's normal course of complaint
mediation.
Notes
Rulemaking Authority 501.059(13), 570.07(23) FS. Law Implemented 501.059(1)(k), (5) FS.
New 12-28-15, Amended 1-10-19.
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