Unlawful acts and practices

(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.