54-1136. SOLICITATION — LIMITATIONS. (1) The right of a seller to lawfully advertise shall not be restrained, nor shall general advertising be prohibited.

(2) Advertising and marketing of prearrangement sales contracts is permitted provided that:

(a) The seller clearly identifies himself and his product.

(b) The seller shows his certificate of authority as provided in section 54-1132, Idaho Code. If the marketing is by telephone, the seller must disclose his certificate of authority.

(c) The seller makes an appointment with the prospective buyer if the meeting is at a place other than the seller’s place of business.

(3) Advertising and marketing of prearrangement sales contracts is permitted provided that any contract seller shall not:

(a) Directly or indirectly call upon or employ any agent, assistant, employee, independent contracting person or any other person to call upon individuals or persons in hospitals, rest homes, or similar institutions for the purpose of soliciting prepaid contracts for making funeral or cemetery or final disposition arrangements without first having been specifically requested to do so by such person or by his next of kin.

(b) Solicit for dead human bodies for the purpose of providing funeral or cemetery services, final disposition, or cemetery or funeral merchandise when such solicitation occurs where death is reasonably pending or after death.

(c) Solicit or accept or pay any consideration for recommending specified persons to cause a dead human body to be provided funeral or cemetery services or funeral or cemetery merchandise, or the services of a crematory, mausoleum or cemetery except where such arrangement is subject to a prepaid contract.

(d) Be involved in solicitation which comprises an uninvited invasion of personal privacy at the personal residence of a person unless the solicitation has been previously and expressly requested by the person solicited.

History:

[54-1136, added 1989, ch. 138, sec. 2, p. 315; am. 2003, ch. 257, sec. 19, p. 678.]