(a) A telephone solicitor commits the offense of telephone solicitation fraud when engaged in any one of the following:

(1) Fails to obtain or maintain a valid certificate of registration;

(2) Obtains a certificate of registration through any false or fraudulent pretence or representation in any registration application;

(3) Knowingly fails to have received written consent to use the name of a charitable organization;

(4) Knowingly misrepresents any of the following:

(A) The total cost of the goods or services that are the subject of the telephone solicitation sales call;

(B) Material restrictions, material limitations, or material conditions to the purchase of goods or services that are the subject of a telephone solicitation;

(C) Material aspects of the performance, efficacy, nature or characteristics of goods or services that are the subject of a telephone solicitation; or

(D) Material aspects of the nature of terms of the telephone solicitor’s refund, cancellation, exchange or repurchase policies;

(5) Induces a consumer to purchase goods or services by means of a false or fraudulent pretense, representation or promise;

(6) Charges a consumer’s checking or savings account without the consumer’s express written authorization; or

(7) Procures the services of any professional delivery, courier, or other pickup service to obtain immediate receipt and/or possession of a consumer’s payment unless the goods are delivered with the opportunity to inspect before payment is collected.

(b) A person who violates any provision of this section shall be subject to the penalties provided in §§ 22-3226.09 and 22-3226.10.

(Dec. 1, 1982, D.C. Law 4-164, § 126f; as added June 8, 2001, D.C. Law 13-301, § 102, 47 DCR 7039.)

This section is referenced in § 16-801, § 22-3226.10, and § 22-3226.11.