Section BUS.04.03 — Definitions

(a) "Consumer" means an individual to whom a seller offers to sell, sells, lease, or promote the sale of goods or services. "Consumer" does not include an individual who regularly purchases goods or services in a business or Tribal capacity, or for resale to others.

(b) "Consumer goods or services" means good or services typically (but not always) used for personal, family, or household purposes. "Consumer goods or services" includes, but is not limited to personal investment opportunities, personal business opportunities, personal training courses, cemetery lots, funeral services, real estate and timeshares but does not include goods or services offered for sale to a business or to the Tribe.

(c) "Direct Marketer" means a person engaged in a face-to-face solicitation.

(d) "Disclose" means to make a clear and conspicuous oral and written statement that is reasonably designed to be noticed and readily understood by the consumer.

(e) "Face-to-face solicitation" means solicitation (as defined in Section BUS.04.03(m)) that a seller makes in a person-to-person encounter with a consumer.

(f) "Face-to-face transaction" means any of the following:

(1) A face-to-face solicitation.

(2) Purchase contracts and other dealings that result from a face-to-face solicitation.

(g) "Person" means an individual, corporation, partnership, cooperative association, limited liability company, trust or other organization or entity.

(h) "Purchase" means to buy or lease consumer goods or services.

(i) "Purchase contract" means an agreement to purchase consumer goods or services, regardless of whether that agreement is subject to a later right of cancellation. Purchase contract includes a purchase commitment that arises under any of those agreements as a result of a consumer's subsequent action, non-action or omission. Purchase contract does not include the following agreements:

(1) An agreement authorizing the trial delivery of consumer goods or services which the consumer has not yet agreed to purchase, provided that the agreement includes no minimum purchase requirement.

(2) An negative option plan that complies with 16 CFR 425, or similar regulation, or law.

(j) "Sale" means the passing of an ownership or leasehold interest in consumer goods or services to a consumer for consideration.

(k) "Sell" means to engage in the sale of consumer goods or services, or to accept payment pursuant to a purported sale of consumer goods or services.

(l) "Seller" or "door to door seller or sale" means a person who is engaged in the business of selling, offering to sell, or promoting the sale of consumer goods or services to consumers. "Seller" includes, but is not limited to:

(1) A person who accepts payment for a purported sale of consumer goods or services to a consumer.

(2) An employee or agent of the seller.

(3) A direct marketer working with, or any other arrangement with a seller.

(m) "Solicitation" means a communication received by a consumer at a place other than the seller's regular place of business, in which a seller offers or promotes the sale of consumer goods or services to a consumer, or which is part of a seller's plan or scheme to sell consumer goods or services to a consumer. "Solicitation" does not include any of the following:

(1) A mass advertisement.

(2) A telephone, mail, or electronic communication initiated by the consumer, unless prompted by the seller's prior solicitation.

(3) A written communication that invites a consumer to the seller's regular place of business.

(4) A communication at an established public gathering, pow-wow or similar event, unless that communication was prompted by the seller's prior solicitation to the consumer.

(5) The delivery of goods or services to a consumer previously sold to the consumer in a transaction other than a telephone, mail, or face-to-face transaction.

(n) "Written" or "in writing" means legibly printed on paper or another tangible non-electronic medium that is delivered to the consumer, or legibly printed in an electronic form that the consumer can electronically retrieve, store, or print for future reference.