A commercial telephone solicitor shall maintain records of each
commercial solicitation campaign and shall inform the department of the
location where the business records are kept. The following business records
shall be kept for a period of two years after the campaign has been completed
unless otherwise stated below.
(1) A
list of the names, principal residence addresses, and dates of employment of
salespersons who solicit on behalf of the commercial telephone solicitor and
the name(s) the salesperson(s) uses while soliciting.
(2) A list and a description of the items the
solicitor is offering for sale and the suppliers name, address, and telephone
number.
(3) A copy of all sales
scripts the solicitor requires salespersons to use when soliciting prospective
purchasers, or if no sales script is required to be used, a statement to that
effect.
(4) A copy of all sales
training information and literature, including but not limited to, scripts,
outlines, instructions, and information regarding how to conduct telephone
sales, sample introductions, sample closings, product information, and contest
or premium awards information provided by the solicitor to salespersons in
writing or orally, and a copy of all written materials the solicitor sends to
any prospective or actual purchaser.
(5) If the solicitor represents or implies,
or directs salespersons to represent or imply to purchasers that the purchaser
will receive certain specific items or certificates, whether the items or
certificates are described as gifts, premiums, bonuses, prizes, or otherwise,
the solicitor shall maintain a written record which includes:
(a) A list of the items offered.
(b) The value or worth of each item described
to the prospective purchasers and the basis for the valuation.
(c) The price paid by the solicitor to the
supplier for each of these items and the name, address and telephone number of
each supplier.
(d) Paper
documentation of all rules, regulations, terms, and conditions a prospective
purchaser must meet in order to receive an item.
(6) If the purchaser is to receive fewer than
all of the items described by the solicitor, the record shall include the
following:
(a) The manner in which the
solicitor decides which item or items a particular prospective purchaser is to
receive.
(b) The odds a single
prospective purchaser has of receiving each described item.
(c) The name and address of each recipient
who has during the preceding twelve months, or as long as the solicitor has
been in business if less than twelve months, received the item having:
(i) The greatest value; and
(ii) The item having the least odds of being
received.
(7)
A historical listing of all products sold by the solicitor clearly showing when
the sale of each product was initiated and subsequently terminated.
(8) A list of the business telephone numbers
at each location where telephone solicitation is taking place.
(9) The name of the manager or other person
in charge at each location where telephone solicitation is taking
place.
