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North Dakota Century Code Title 51. Sales and Exchanges § 51-18-01. Definitions

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In this chapter, unless the context otherwise requires:

1. “Consumer goods or services” means goods or services purchased, leased, or rented primarily for personal, family, or household purposes, including courses of instruction or training regardless of the purpose for which they are taken.

2. “Person” includes a corporation, limited liability company, company, partnership, firm, association, or society, as well as a natural person.  When the word “person” is used to designate the party whose property may be the subject of a criminal or public offense, the term includes the United States, this state, or any territory, state, or country, or any political subdivision of this state which may lawfully own any property, or a public or private corporation, limited liability company, or partnership or association.  When the word “person” is used to designate the violator or offender of any law, it includes corporation, limited liability company, partnership, or any association of persons.

3. “Personal solicitation sale” means a sale, lease, or rental of consumer goods or services in which the seller or the seller's representative solicits the sale, lease, or rental, by telephone or in person, and the buyer's agreement or offer to purchase is made at a place other than the place of business of the person soliciting the same and that agreement or offer to purchase is there given to the seller or the seller's representative.  A transaction is not a personal solicitation sale if it is made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale, lease, or rental.

4. “Seller” means a person who makes a personal solicitation sale.

5. “Seller's representative” means a person who makes a personal solicitation sale on behalf of a seller.

6. “Telepromoter” means any person who, individually, through salespersons or agents, or through the use of an automatic dialing-announcing device initiates telephone contact with a consumer or who by written notice requests that the consumer contact the person by telephone and who represents one or more of the following:

a. That if the consumer buys one or more items from the telepromoter, the consumer will also receive additional or other items, whether or not of the same type as purchased, without further cost or at a cost which the seller states or implies is less than the regular price of those items.

b. That a consumer will receive a prize, premium, or gift if the telepromoter also encourages the consumer to do either of the following:

(1) Purchase or rent any goods or services.

(2) Pay any money, including a delivery or handling charge.

c. That the consumer has in any manner been specially selected to receive the written notice or the offer contained in the written notice.

The term does not include any nonprofit or charitable organization exempt from federal taxation under section 501(c)(3) of the United States Internal Revenue Code [26 U.S.C. 501(c)(3)].

Cite this article: - North Dakota Century Code Title 51. Sales and Exchanges § 51-18-01. Definitions - last updated January 01, 2020 |

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