Wash. Admin. Code § 308-51B-200 - Telephone solicitation
(1) The
use of telephones for solicitation of prearrangements is prevalent. This form
of communication offers unique benefits, but entails special risk and poses
potential for abuse. The board finds that any impropriety in telephone
solicitation is a matter vitally affecting the public interest. For the general
welfare of the public and in order to protect the integrity of the cemetery
industry, the use of telephones in solicitation of prearrangements must be
defined by the board.
(2)
Definitions:
(a) "Telephone solicitation"
means an unsolicited telephone call to a person and conversation for the
purpose of inducing the person to make cemetery prearrangements made without
previous invitation, expressed or implied, by the person called.
(b) "Telephone solicitor" means any person
who engages in telephone solicitation on behalf of a holder of a certificate of
authority to operate.
(3)
Time limits:
(a) No licensee may knowingly
cause a telephone solicitation to be made to any person more often than once in
every six months.
(b) A telephone
solicitor shall not place calls which will be received before 8:00 a.m. or
after 9:00 p.m.
(4)
Unfair/deceptive practices. A telephone solicitor may not engage in any conduct
the natural consequence of which is to harass, intimidate, or torment any
person in connection with the telephone call.
(5) Identification. Within the first thirty
seconds of the telephone call, a telephone solicitor or salesperson shall:
(a) Identify themselves, the company on whose
behalf the solicitation is being made, the property, goods, or services being
represented; and
(b) Terminate the
telephone call within ten seconds if the purchaser indicates they do not wish
to continue the conversation.
(6) Termination of contact. If at any time
during the telephone contact, the purchaser states or indicates that they do
not wish to be called again by the telephone solicitor or wants to have their
name and individual telephone number removed from the telephone lists used by
the telephone solicitor, the telephone solicitor shall not make any additional
telephone solicitation of the called party at that telephone number within a
period of at least one year.
(7)
Enforcement. In the event that the board discerns a pattern of violation of
these standards the board may act against the licensee's prearrangement license
as provided by Title 68 RCW.
Notes
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