(a) “Advertisement” means any public offer of merchandise with the purpose of attracting the attention of the consumer, whether through the press, handbills or other publications, radio, television, or any other informative media.
(b) “Chain referral sale” means the provision or offer to provide a consumer a prize, discount, rebate, or other compensation as an inducement for a sale which requires the prospective consumer to give names of other prospective consumers to the seller, if earning the prize, discount, rebate, or other compensation is contingent upon a sale to one of the referred consumers.
(c) “Commissioner” means the Commissioner of the Department of Licensing and Consumer Affairs.
(d) “Consumer” means any person who purchases or contracts for the purchase of merchandise not for resale in the ordinary course of his trade or business but for his use or that of a member of his household.
(e) “Deceptive business practice” means any false, falsely disparaging, or misleading oral or written statement, visual description or other representation of any kind made in connection with the sale, lease, rental, or loan of consumer goods or services, or in the extension of consumer credit or in the collection of consumer debts which has the capacity, tendency or effect of deceiving or misleading consumers.
(f) “Department” means the Department of Licensing and Consumer Affairs.
(g) “Merchandise” means any article of commerce usually sold directly to the consumer.
(h) “Person” means any natural person or his legal representative, partnership, corporation, domestic or foreign, company, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof.
(i) “Pyramid sales scheme” means any plan or operation whereby a person in exchange for money or other thing of value acquires the opportunity to receive a benefit or thing of value which is primarily based upon the inducement of additional persons, by himself or others, regardless of number, to participate in the same plan or operation and is not primarily contingent on the volume or quantity of goods, services, or other property sold or distributed or to be sold or distributed to persons for purposes of resale to consumers. For purposes of this subsection, “money or other thing of value” does not include payments made for sales demonstration equipment and materials furnished on a nonprofit basis for use in making sales and not for resale.
(j) “Sale” means a revenue transaction where goods or services are delivered to a customer in return for cash or a contractual obligation to pay.
(k) “Trade or commerce” means the advertising, offering for sale, sale, or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situated.
(l) “Telemarketing” means a plan, program, or campaign that is conducted to induce the purchase of goods or services by use of one or more telephones and which involves calls to or from more than one consumer.