a. It shall be an unlawful practice for a person to advertise or sell an information
service unless the following information is clearly and conspicuously disclosed in
all advertisements offering the information service:
(1) An accurate description of the service;
(2) The total price of the service, or, where a charge is based in whole or in part
on the passage of time; the rate, by minute or other unit of time upon which that
charge is based; any other charges being imposed for the service; and the total
cost of any information service of predetermined length;
(3) Instruction to minors to obtain parental consent before engaging the information
(4) The legal name and street address of the information service provider.
b. In any case in which the total price of the information service may exceed $5,
it shall be an unlawful practice for a person to advertise or sell the information
(1) The disclosures required by paragraphs (1) and (2) of subsection a. of this section
and, in the case of an information service aimed at or likely to be of interest to
minors, an additional instruction directing minors to hang up unless the minor has
parental permission are clearly and prominently stated at the inception of the telephone
call connecting the caller with the information service; and
(2) The caller is clearly notified of and afforded a reasonable opportunity to disconnect
the call following the disclosure and prior to incurring any charge for the information
c. The preambles required for information services subject to the provisions of subsection
b. of this section are intended to be consistent with the preambles required for interstate
calls subject to the provisions of 56 Fed.Reg. 56165 (1991) (to be codified at 47 C.F.R. s.64.709). In the event that such regulations are amended or replaced by federal law or subsequent
federal regulation, the Director of the Division of Consumer Affairs is authorized
to promulgate regulations modifying the provisions of this section to avoid conflict
with federal requirements.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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