1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Established business relationship" means a prior or existing relationship formed by a voluntary 2-way communication between a seller and a consumer with an exchange of consideration on the basis of the consumer's purchase from or transaction with the seller within the 18 months immediately preceding the date of a free offer. [PL 2009, c. 502, §1 (NEW).] B. "Free offer" means an offer of a rebate or of products or services without cost to a consumer by a seller under which, as a result of accepting the rebate, products or services, the consumer is required to contact the seller to avoid incurring a financial obligation for receiving additional products or services. [PL 2009, c. 502, §1 (NEW).] [PL 2009, c. 502, §1 (NEW).] 2. Prohibition. A seller may not make a free offer to a consumer in the State unless, at the time the consumer agrees to the free offer: A. The seller obtains directly from the consumer information necessary for billing the consumer; and [PL 2009, c. 502, §1 (NEW).] B. The seller provides the consumer with clear and conspicuous information regarding the terms of the free offer, including any additional financial obligations that may be incurred as a result of accepting the free offer. [PL 2009, c. 502, §1 (NEW).] [PL 2009, c. 502, §1 (NEW).]
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