Definitions

(a)The term telemarketing means a plan, program, or campaign to induce the purchase of goods, services, or investment opportunities by means of telephone calls but does not include any transaction in which there has been any personal meeting or discussion concerning the matter before or after the transaction between the seller (or the seller’s agent) of the goods, services, or investment opportunities and the intended purchaser (or the purchaser’s agent) before the consummation of the sale. Telemarketing does not include any situation where telephonic contact was initiated or requested by the consumer, or where the transaction was later reduced to a written contract signed by the consumer. Telemarketing does not include any solicitation by a COL10/29/2021 CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION seller if the seller and the consumer have transacted business or negotiations though any means other than telemarketing during the preceding eighteen

(18)months.

(b)A telephonic seller or seller as used in this article means a person, association, partnership, firm, corporation or other business entity that engages in telemarketing.