Collection practices

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  1. (a)

    1. (1) No person who calls a residential telephone number for the purpose of offering merchandise for sale shall dispatch a courier or other individual to the residence to collect payment before the consumer has inspected the merchandise.

    2. (2) It shall be unlawful for any person who calls a residential telephone number for the purpose of offering a prize to a consumer to dispatch a courier or other individual to the consumer's home for the purpose of collecting any fees or costs of any kind from the consumer.

  2. (b) A violation of this section shall be a Class A misdemeanor.

  3. (c)

    1. (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. (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.

  4. (d) Nothing in this section limits the rights or remedies which are otherwise available to the consumer under any other law.

  5. (e) The obligations under this section are cumulative and should in no way be deemed to limit the obligations imposed under any other law.


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