Table of Contents Sec. 42-284. Definitions. As used in sections 42-284 to 42-288, inclusive: Sec. 42-285. Contract requirements. (a) No oral agreement made by a consumer
to purchase, lease or rent goods or services from a telemarketer shall be a binding, valid
or enforceable contract against the consumer unless the telemarketer receives from the
consumer a written and signed contract that discloses in full the terms of the sale, lease
or rental agreement. Any goods sent or services provided to a consumer by a telemarketer
without such written contract shall be deemed to be an unconditional gift to the consumer
without any obligation by the consumer to the telemarketer. Sec. 42-286. Prohibited actions before receipt of signed contract. (a) A telemarketer shall not accept payment from a consumer, or make or submit any charge to the
consumer's credit card account, unless the telemarketer has received from the consumer
a contract, signed by the consumer, which complies with section 42-285. Sec. 42-287. Exempted transactions. The provisions of sections 42-284 to 42-
286, inclusive, shall not apply to: Sec. 42-288. Applicability. Unfair trade practice. (a) For the purposes of sections
42-284 to 42-287, inclusive, any transaction which occurs between a telemarketer and
a consumer shall be considered to have taken place in this state if either the telemarketer
or the consumer is domiciled in this state. Sec. 42-288a. Telephonic sales calls. Definitions. "No sales solicitation calls"
listing. Prohibited acts. Regulations. Violations. (a) As used in this section:
Sec. 42-284. Definitions.
Sec. 42-285. Contract requirements.
Sec. 42-286. Prohibited actions before receipt of signed contract.
Sec. 42-287. Exempted transactions.
Sec. 42-288. Applicability. Unfair trade practice.
Sec. 42-288a. Telephonic sales calls. Definitions. "No sales solicitation calls" listing.
Prohibited acts. Regulations. Violations.
Secs. 42-289 to 42-294.
(1) "Consumer" means an actual or prospective purchaser, lessee or recipient of
goods or services;
(2) "Person" means a natural person, corporation, trust, partnership, incorporated
or unincorporated association and any other legal entity; and
(3) "Telemarketer" means any person who initiates the sale, lease or rental of consumer goods or services, or offers gifts or prizes with the intent to sell, lease or rent
consumer goods by: (A) Telephonic means; or (B) use of television, radio or printed
advertisement, postcard or other written notice with requests that the consumer contact
the seller by telephone to inquire about goods or services and such advertisement, postcard or notice does not contain the price or a description of the goods or services.
(P.A. 96-196, S. 1.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The contract shall include, but shall not be limited to, the following information:
(1) The name, address and telephone number of the telemarketer;
(2) A list of all prices or fees being charged including any handling, shipping, delivery or other charges;
(3) The date of the transaction;
(4) A detailed description of the goods or services being sold, leased or rented; and
(5) In ten-point boldface type, in a space immediately preceding the space allotted
for the consumer's signature, the following statement: "YOU ARE NOT OBLIGATED
TO PAY ANY MONEY UNLESS YOU SIGN THIS CONTRACT AND RETURN IT
TO THE ADDRESS CONTAINED IN THIS CONTRACT".
(c) The telemarketer shall provide the consumer with a duplicate copy of the contract
with the complete information as presented in the original contract, to be retained by
the consumer as proof of the terms of the agreement to purchase, lease or rent.
(P.A. 96-196, S. 2.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) In the event that the consumer sends payment to the telemarketer, or the telemarketer makes or submits a charge to the consumer's credit card account, and the telemarketer has not received a signed contract from the consumer which complies with section
42-285, the telemarketer shall refund the consumer's payment or credit the consumer's
credit card account.
(P.A. 96-196, S. 3.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) Any transaction between a consumer and a publisher, owner, agent or employee
of a newspaper marketing its own publications;
(2) Any transaction between a consumer and a bank, out-of-state bank, Connecticut
credit union, federal credit union or out-of-state credit union as each is defined in section
36a-2 or a first mortgage broker or lender, second mortgage broker or lender, sales
finance company or small loan lender licensed under chapter 668 in which any such
person, or such person's subsidiary, affiliate or agent markets its own services to a
consumer;
(3) Any transaction made pursuant to prior negotiations in the course of a visit by
a consumer to a retail business establishment having a fixed, permanent location where
goods are exhibited or services are offered for sale on a continuing basis;
(4) Any transaction in which the business establishment or its majority-owned affiliate making the solicitation has a clear, preexisting business relationship with the consumer, provided the consumer has been provided the full name and the business location
or phone number of the establishment or its majority-owned affiliate;
(5) Any transaction in which the consumer purchases goods or services pursuant
to an examination of a printed advertisement, brochure, catalog or other written material
of the telemarketer which contains: (A) The name, address or post office box and telephone number of the telemarketer; (B) a full description of the goods or services being
requested, including any handling, shipping or delivery charges; (C) any limitations,
conditions or restrictions that apply to the offer; and (D) the refund policy of the telemarketer;
(6) Any transaction in which the telemarketer or its subsidiaries, affiliates or agents
is certified by, or providing services pursuant to tariffs filed with, the Department of
Public Utility Control, the Federal Communications Commission or in which the telemarketer is a corporation which is exempt from taxation under Section 501(c)(3) of the
Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code
of the United States, as from time to time amended, and in which the telemarketer is
initiating the sale, lease or rental of consumer goods or services or offering gifts with
the intent to sell, lease or rent consumer goods or services on its own behalf;
(7) Any transaction in which: (A) The consumer may obtain a full refund for the
return of undamaged and unused goods or services to the seller within seven days of
receipt by the consumer; (B) the seller will process the refund within thirty days of
receipt of the returned goods or notice of cancellation of services by the consumer; and
(C) the consumer is clearly and conspicuously notified of his right to full refund for the
return of undamaged and unused goods or any services not performed or a pro rata
refund for any services not yet performed for the consumer;
(8) Any transaction regulated under chapter 672a between a consumer and any
broker-dealer, agent, investment advisor or investment advisor agent registered or specifically excluded from the registration requirement pursuant to chapter 672a;
(9) Any transaction which is subject to the provisions of chapter 740;
(10) Any transaction which is subject to the provisions of chapter 704; or
(11) Any transaction between a consumer and a person or its majority-owned affiliate where such person or its majority-owned affiliate has been continuously operating
for at least two years a retail business establishment having a fixed, permanent location
under the same name as that used in connection with the telemarketing transaction and
the goods or services offered in the telemarketing transaction are also offered for sale
at the retail business establishment and telemarketer-originated sales comprise less than
fifty per cent of establishment's total sales.
(P.A. 96-196, S. 4.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Violation of any provision of sections 42-284 to 42-287, inclusive, shall be an
unfair or deceptive act or practice in violation of subsection (a) of section 42-110b.
(P.A. 96-196, S. 5.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) "Commissioner" means the Commissioner of Consumer Protection;
(2) "Consumer" means any individual who is a resident of this state and a prospective recipient of consumer goods or services;
(3) "Consumer goods or services" means any article or service that is purchased,
leased, exchanged or received primarily for personal, family or household purposes,
and includes, but is not limited to, stocks, bonds, mutual funds, annuities and other
financial products;
(4) "Department" means the Department of Consumer Protection;
(5) "Doing business in this state" means conducting telephonic sales calls (A) from
a location in this state, or (B) from a location outside of this state to consumers residing
in this state;
(6) "Marketing or sales solicitation" means the initiation of a telephone call or message to encourage the purchase or rental of, or investment in, property, goods or services,
that is transmitted to any consumer, but does not include a telephone call or message
(A) to any consumer with that consumer's prior express written or verbal invitation or
permission, (B) by a tax-exempt nonprofit organization, or (C) to a consumer in response
to a visit made by such consumer to an establishment selling, leasing or exchanging
consumer goods or services at a fixed location;
(7) "Telephonic sales call" means a call made by a telephone solicitor to a consumer
for the purpose of (A) engaging in a marketing or sales solicitation, (B) soliciting an
extension of credit for consumer goods or services, or (C) obtaining information that
will or may be used for marketing or sales solicitation or exchange of or extension of
credit for consumer goods or services;
(8) "Telephone solicitor" means any individual, association, corporation, partnership, limited partnership, limited liability company or other business entity, or a subsidiary or affiliate thereof, doing business in this state that makes or causes to be made a
telephonic sales call;
(9) "Unsolicited telephonic sales call" means any telephonic sales call other than
a call made: (A) In response to an express written or verbal request of the consumer
called; (B) primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call; or (C) to an existing
customer, unless such customer has stated to the telephone solicitor that such customer
no longer wishes to receive the telephonic sales calls of such telephone solicitor; and
(10) "Caller identification service or device" means any telephone service or device
which permits a consumer to see the telephone number of incoming calls.
(b) The department shall establish and maintain a "no sales solicitation calls" listing
of consumers who do not wish to receive unsolicited telephonic sales calls. The department may contract with a private vendor to establish and maintain such listing, provided
(1) the private vendor has maintained national "no sales solicitation calls" listings for
more than two years, and (2) the contract requires the vendor to provide the "no sales
solicitation calls" listing in a printed hard copy format and in any other format offered
at a cost that does not exceed the production cost of the format offered. The department
shall provide notice to consumers of the establishment of a "no sales solicitation calls"
listing. Any consumer who wishes to be included on such listing shall notify the department by calling a toll-free number provided by the department, or in any other such
manner and at such times as the commissioner may prescribe. A consumer on such
listing shall be deleted from such listing upon the consumer's written request. The department shall update such listing not less than quarterly and shall make such listing
available to telephone solicitors and other persons upon request.
(c) No telephone solicitor may make or cause to be made any unsolicited telephonic
sales call to any consumer (1) if the consumer's name and telephone number or numbers
appear on the then current quarterly "no sales solicitation calls" listing made available
by the department under subsection (b) of this section, unless (A) such call was made
by a telephone solicitor that first began doing business in this state on or after January
1, 2000, (B) a period of less than one year has passed since such telephone solicitor first
began doing business in this state, and (C) the consumer to which such call was made
had not on a previous occasion stated to such telephone solicitor that such consumer no
longer wishes to receive the telephonic sales calls of such telephone solicitor, (2) to be
received between the hours of nine o'clock p.m. and nine o'clock a.m., local time, at
the consumer's location, (3) in the form of electronically transmitted facsimiles, or (4)
by use of a recorded message device.
(d) No telephone solicitor shall intentionally cause to be installed or shall intentionally use any blocking device or service to circumvent a consumer's use of a caller identification service or device.
(e) (1) Any person who obtains the name, residential address or telephone number
of any consumer from published telephone directories or from any other source and
republishes or compiles such information, electronically or otherwise, and sells or offers
to sell such publication or compilation to telephone solicitors for marketing or sales
solicitation purposes, shall exclude from any such publication or compilation, and from
the database used to prepare such publication or compilation, the name, address and
telephone number or numbers of any consumer if the consumer's name and telephone
number or numbers appear in the then current quarterly "no sales solicitation calls"
listing made available by the department under subsection (b) of this section.
(2) This subsection does not apply to (A) any telephone company, as defined in
section 16-1, for the sole purpose of compiling, publishing or distributing telephone
directories or causing the compilation, publication or distribution of telephone directories or providing directory assistance, and (B) any person, for the sole purpose of compiling, publishing or distributing telephone directories for such telephone company pursuant to an agreement or other arrangement with such telephone company.
(f) The commissioner may adopt regulations, pursuant to chapter 54, to carry out
the provisions of this section. Such regulations may include, but shall not be limited to,
provisions governing the availability and distribution of the listing established under
subsection (b) of this section and notice requirements for consumers wishing to be
included on the listing established under subsection (b) of this section.
(g) A violation of any of the provisions of this section shall be deemed an unfair or
deceptive trade practice under subsection (a) of section 42-110b, except no telephone
solicitor may be liable under this section for a call made in violation of subdivision (1)
of subsection (c) of this section if such telephone solicitor demonstrates that: (1) Such
telephone solicitor established and implemented written procedures and trained its employees to follow such procedures to comply with subdivision (1) of subsection (c) of
this section; (2) such telephone solicitor deleted from its call list any listing of a consumer
on the then current quarterly "no sales solicitation calls" listing maintained pursuant to
subsection (b) of this section; and (3) such call was made inadvertently.
(P.A. 00-118, S. 1, 3.)
History: P.A. 00-118 effective January 1, 2001.
(Return to TOC) (Return to Chapters) (Return to Titles)