Rhode Island General Laws 5-61-3. Registration
(a) Not less than ten (10) days prior to doing business in this state, a telephone sales solicitation operation or telephonic seller shall register with the department by filing with the consumer protection unit of the department the information required by § 5-61-4 and a filing fee of one hundred dollars ($100). A seller is deemed to do business in this state if the seller solicits prospective purchasers from locations in this state or solicits prospective purchasers who are located in this state. The information required by § 5-61-4 shall be submitted on a form provided by the attorney general. The information shall be verified by a declaration signed by each principal of the telephone sales solicitation operation under penalty of perjury. The declaration shall specify the date and location of signing. Information submitted pursuant to § 5-61-4(10) or (11) shall be clearly identified and appended to the filing.
Terms Used In Rhode Island General Laws 5-61-3
- Department: means the department of attorney general. See Rhode Island General Laws 5-61-2
- Principal: means an owner; an executive officer of a corporation; a general partner of a partnership; a sole proprietor of a sole proprietorship; a trustee of a trust; or any other individual with similar supervisory functions with respect to any person. See Rhode Island General Laws 5-61-2
- seller: means a person who, on his or her own behalf or through salespersons or through the use of an automatic-dialing-announcing device, causes a telephone solicitation, or attempted telephone solicitation, to occur that meets the criteria specified as follows:
(i) A telephone solicitation, or attempted telephone solicitation, where the telephonic seller initiates or engages in telephonic contact with a prospective purchaser and represents or implies one or more of the following:
(A) That a prospective purchaser who buys one or more items will also receive additional or other items, whether or not of the same type as purchased, without "further cost. See Rhode Island General Laws 5-61-2
(b) Registration of a telephone sales solicitation business shall be valid for one year from its effective date and may be annually renewed by making the filing required by § 5-61-4 and paying a filing fee of one hundred dollars ($100), which shall be deposited into the general fund as general revenue.
(c) Whenever, prior to expiration of a seller’s annual registration, there is a material change in the information required by § 5-61-4, the seller, within ten (10) days, shall file an addendum updating the information with the consumer protection unit of the department. Changes in salespersons soliciting on behalf of the seller shall be updated by addendums filed, if necessary, in quarterly intervals computed from the effective date of registration.
(d) Upon receipt of a filing and filing fee pursuant to subsection (a) or (b) of this section, the department shall send the telephonic seller a written confirmation of receipt of the filing no later than ten (10) business days. If the seller has more than one business location, the written confirmation shall be sent to the principal business location identified in the seller’s filing and the seller may make copies so that the seller has one for each business location. The seller shall post the confirmation of receipt of filing, within ten (10) days of receipt, in a conspicuous place at each of the seller’s business locations. The seller shall not commence any telephone solicitations until the time that the written confirmation is received.
(e) The consumer protection unit of the department of attorney general may delay, reject, or revoke a registration upon review of the information contained in the filing of the registration form, or as a result of information relating to the conduct of the business operation.
History of Section.
P.L. 1987, ch. 227, § 1; P.L. 1991, ch. 327, § 1; P.L. 1998, ch. 14, § 8.