Telephonic Sellers Regulations
9 AAC 14.010 - 9 AAC 14.900

9 AAC 14.010. Registration of Telephonic Sellers.

  1. Not less than 30 days before conducting a telephonic solicitation campaign to sell property or services in this state, a telephonic seller shall register with the department a notice of intent to engage in a telephonic solicitation campaign, with a separate registration for each telephonic solicitation campaign. A telephonic seller shall renew the registration annually if a telephonic solicitation campaign continues for more than one year from the date of the initial registration. Initial registration and any subsequent renewals must be submitted on the following form:

Telephonic Sellers Registration Form - PDF(572KB)

Return to: Alaska Department of Law
Fair Business Practices Section
1031 W. 4th Ave, Suite 200
Anchorage, AK 99501-1994

9 AAC 14.020. Change in Information.

  1. If, before the expiration of a telephonic seller's annual registration period, there is a material change in the information required by 9 AAC 14.010, the telephonic seller shall, within 10 days, file an addendum updating the information with the department. Changes in salespersons soliciting on behalf of a telephonic seller, or salespersons previously listed who no longer solicit on behalf of the telephonic seller, must be updated by addendum every 90 days after the telephonic seller registration form is filed. The addendum for salespersons must include the same information required on the telephonic seller's registration form. An addendum must be submitted in the form of an affidavit setting out the relevant changes of information and must be attached to a copy of the telephonic seller's registration form it is amending.

9 AAC 14.030. Confirmation of Information.

  1. Upon receipt of a completed telephonic seller registration form that complies with AS 45.63 and this chapter, the department will send the telephonic seller a written confirmation of receipt of the filing. The written confirmation will be sent to the principal business location identified in the telephonic seller's registration form. The telephonic seller shall post the confirmation of receipt of filing, within 10 days after it is received, in a conspicuous place at the telephonic seller's principal business location and shall have available for inspection by the public a copy of the entire telephonic seller registration form which has been filed with the department. The department will notify the telephonic seller within 10 days if a telephonic seller registration form is incomplete.

9 AAC 14.040. Information to be Provided Each Prospective Buyer.

  1. Each telephonic seller shall, in the written contract required under AS 45.63.020, provide the following information to each prospective buyer:
    1. if the telephonic seller represents or implies that a prospective buyer will receive, without charge, an item or items in addition to the primary item for sale, whether the items are denominated as gifts, premiums, bonuses, prizes, or otherwise, the telephonic seller shall provide the following:
      1. the actual physical address of the location from which the telephonic seller is soliciting the prospective buyer and, if different, the complete street address of the telephonic seller's principal location;
      2. the total number of individuals who have actually received from the telephonic seller, during the preceding 12 months, or if the telephonic seller has not been in business that long, during the period the telephonic seller has been in business, the described items;
      3. the odds the prospective buyer has of actually receiving each item listed;
      4. all terms and conditions the prospective buyer must meet to obtain the items;
      5. the actual market value of the items, with an explanation of the basis for the valuation, together with a statement of the price paid by the telephonic seller for the items; and
      6. a statement of the manner in which the telephonic seller decides which items the prospective buyer will receive;
    2. if the telephonic seller is offering to sell any metal, stone, or mineral, the telephonic seller shall provide the following information:
      1. the actual physical address from which the telephonic seller is soliciting the prospective buyer and, if different, the complete street address of the telephonic seller's principal location; and
      2. the name, address and telephone number of each of the telephonic seller's suppliers and a description of each metal, stone, or mineral to be purchased; and
      3. a complete disclosure of the terms and conditions the prospective buyer must meet to take actual physical possession of the metal, stone, or mineral.
    3. if the telephonic seller is offering to sell an interest in oil, gas, or mineral fields, wells, or exploration sites, the telephonic seller shall provide the following information:
      1. the complete street address of the location from which the telephonic seller is soliciting the prospective buyer and, if different, the complete street address of the telephonic seller's principal location;
      2. a complete disclosure of the telephonic seller's interest in the property;
      3. the total number of interests to be sold in each oil, gas, or mineral field, well, or exploration site; and
      4. documents supporting any claims made by the telephonic seller that the oil, gas, or mineral field, well, or exploration site has a particular return potential, or that it has been investigated and found to have a potential for return on investment.
    4. if the telephonic seller represents that office equipment or supplies being offered are offered at prices which are below those usually charged for those items, the telephonic seller shall provide the following information:
      1. the complete street address of the location from which the telephonic seller is soliciting the prospective buyer and, if different, the complete street address of the telephonic seller's principal location; and
      2. the name of the manufacturer of each of the items the telephonic seller has represented for sale and in which the prospective buyer expresses interest.
    5. if the telephonic seller represents that advertising in the "yellow pages" or any directory is being offered for sale at prices which are below those usually charged for those items, the telephonic seller shall provide the following information:
      1. the complete street address of the location from which the telephonic seller is soliciting the prospective buyer, and if different, the complete street address of the telephonic seller's principal location; and
      2. the name of the publisher, how many times the publication has been issued in separate editions, how many copies have been printed, where it has been distributed, and if the publication has ever been distributed in this state by the publisher.

9 AAC 14.050. Agents of Telephonic Sellers.

  1. When a telephonic seller uses an agent to sell or attempt to sell goods or services by telephonic means, the agent and the telephonic seller shall file separate registrations under 9 AAC 14.010, and both the agent and the telephonic seller shall comply with the provisions of AS 45.63 and this chapter. If an agent sells or attempts to sell goods or services made exempt from AS 45.63 and this chapter by AS 45.63.080, the agent is exempt to the same extent as the person employing the agent.

9 AAC 14.900. Definitions.

  1. In this chapter,
    1. "affiliated company" means any company that will engage in business transactions with buyers relating to sales solicited by the telephonic seller, or which accepts responsibility for the acts or statements made by the telephonic seller relating to sales made or solicited by the telephonic seller;
    2. "owner" means a person who owns or controls 10 percent or more of the net income of a telephonic seller;
    3. "parent company" means a business entity that has authority to control the appointment of officers or managers of the telephonic seller by reason of being an owner of the telephonic seller;
    4. the term "sound recording" in AS 45.63.080(10) includes video recordings when the video recording has an audio component.
  2. In AS 45. and in this chapter, the sale of "property or services" does not include a transaction:
    1. when the only consideration for the money spent by the buyer is participation in a telephone conversation;
    2. initiated by a written communication addressed to "boxholder," "occupant," "resident," or similar generic description of the intended recipient and no individual person, institution, or business organization is named anywhere in the written communication in a manner that identifies the individual person, institution or business enterprise as the intended recipient; or
    3. initiated by a communication in newspapers, magazines, and other publications unless they are directed to one or more persons, institutions, or business organizations by name, specifically advising, requesting, motivating, or otherwise encouraging that specific person, institution, or business organization to contact the seller by telephonic means.