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Telemarketing Organizations

Unless exempt, each telephone soliciting business must register annually with the division under the “Telephone Fraud Prevention Act” before engaging in telephone solicitations if the telephone soliciting business engages in telephone solicitations that originate in Utah or are received in Utah, or if the telephone soliciting business conducts any business operations in Utah.

 

Frequently Asked Questions   (click question to view answer)
Q: Is there a form if the company is exempt from telemarketing registration?

A: There is not an exemption form.  Submit a letter, cite the applicable exemption, and provide supporting documentation.
Q: Do the telephone scripts need to have the three day right of rescission?

A: Yes, the telephone scripts are required to include the following:
    – You the purchaser may cancel the sale up to midnight of the third business day after the receipt of the merchandise or premium, whichever is later.
    – Inform the consumer of the instructions on how to cancel.
    – State the refund policy after the three day right.
Q: If the consumer cancels during the three day right of rescission do we have to refund shipping costs?

A: The consumer is entitled to a full refund.
Q: How do I obtain a surety bond?

A: Contact your insurance company to see if they write performance bonds.

Contact the Department of Insurance for a list of surety companies that are registered to do business in the State of Utah.

Contact your financial institution to see if they write surety performance bonds.
Q: Do I need to have a Registered Agent in Utah?

A: The Telephone Fraud Prevention Act requires the registered agent reside in the State of Utah.
Q: Who is the registered agent?

A: The registered agent is a person or service corporation that accepts service of process on your behalf.
Q: Is there an exemption from surety compliance?

A: No.
Q: I’m just setting appointments do, I need to be registered?

A: Registration is required for setting appointments.
Registration Forms
– Telemarketing Permit Application Form
 

Lists
– Registered Telemarketers Search

Statutes & Rules
– Telephone and Facsimile Solicitation Act, Utah Code Ann. §13-25a
– RULE

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