(1) It is unlawful for a seller to: (a) solicit a prospective purchaser if the seller is not registered with the division or is exempt from registration under this chapter; (b) in connection with a telephone solicitation, make or cause to be made a false statement or fail to disclose a material fact necessary to make the seller's statement not misleading; (c) make or authorize the making of a misrepresentation to a purchaser or prospective purchaser about the seller's compliance with this chapter; (d) fail to refund within 30 days any amount due a purchaser who exercises the right to cancel under Section 13-26-105; (e) unless the seller is exempt under Section 13-26-104, fail to orally advise a purchaser of the purchaser's right to cancel under Section 13-26-105; (f) employ an inmate in a correctional facility for telephone soliciting operations when the employment would give the inmate access to an individual's personal data, including the individual's name, address, telephone number, Social Security number, credit card information, or physical description; or (g) cause or permit a solicitor to violate a provision of this chapter. (2) It is unlawful for a solicitor to: (a) use a fictitious personal name in connection with a telephone solicitation; (b) in connection with a telephone solicitation, make or cause to be made a false material statement or fail to disclose a material fact necessary to make the solicitor's statement not misleading; (c) make a misrepresentation to a purchaser or prospective purchaser about the solicitor's compliance with this chapter; or (d) unless the solicitor is exempt under Section 13-26-104, fail to orally advise a purchaser of the purchaser's right to cancel under Section 13-26-105. (3) If a person knows or has reason to know that a seller or solicitor engages in an act or practice that violates this chapter, it is unlawful for the person to: (a) benefit from the seller's or solicitor's services; or (b) provide substantial assistance or support to the seller or solicitor. (4) A seller or a seller's solicitor may not: (a) represent that the division or the state approves or endorses the seller; (b) omit from a filing with the division a material statement of fact required by: (i) this chapter; or (ii) a rule made by the division in accordance with this chapter; or (c) include in a filing with the division a material statement of fact that the seller or seller's principal knew or should have known to be false, deceptive, inaccurate, or misleading. (5) A solicitation of sale or telephone solicitation is considered complete when made, regardless of whether the person receiving the solicitation agrees to the sale or to make a charitable donation. Renumbered and Amended by Chapter 95, 2026 General Session
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