(a) (1) For the purposes of this section, "telemarketer" means any person who initiates telephone calls to, or who receives telephone calls from, a consumer in connection with a plan, program, or campaign to market goods and services.
(2) The term "telemarketer" does not include a federally insured depository institution or its subsidiary when it obtains or submits for payment a check, draft, or other form of negotiable instrument drawn on or debited against a person's checking, savings, share, or other depository account at that institution.
(b) (1) It shall be unlawful for any telemarketer as defined in subsection (a) of this section to obtain or submit for payment a check, draft, or other form of negotiable instrument drawn on a person's checking, savings, share, or other depository account without the consumer's express written authorization.
(2) For the purpose of this section, a check bearing the valid signature of the consumer shall constitute the consumer's express written authorization.
(c) (1) A violation of the provisions of this section shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.
(2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this section.
(d) Nothing in this section limits the rights or remedies which are otherwise available to a consumer under any other law.
(e) The obligations under this section are cumulative and should in no way be deemed to limit the obligations under any other law.
Section: Previous 4-99-202 4-99-203Last modified: November 15, 2016