When written, clear and conspicuous information must be printed in the same language(s) as the sales offer(s) in a type size that a consumer can readily see and understand; that has the same emphasis and degree of contrast with the background as the sales offer; and that is not buried on the back or bottom, or in unrelated information that an ordinary consumer wouldn’t think important enough to read. When a seller or telemarketer makes required disclosures in a written document that is sent to a consumer and follows up with an outbound sales call to the consumer, the disclosures are considered clear and conspicuous only if they are sent close enough in time to the call so that the consumer associates the call with the written disclosures.
When disclosures are oral, clear and conspicuous means at an understandable speed and pace, and in the same language(s)and in the same tone and volume as the sales offer(s) so that ordinary consumers can easily hear and understand it. When making outbound calls, a telemarketer must promptly disclose certain types of information to consumers orally in the sales presentation. For purposes of the TSR, “promptly” means before any sales pitch is given and before any charitable solicitation is made. Required information about a prize promotion must be given before or when the prize offered is described.
You may provide this material information orally or in writing, as long as the information https://paydayloanscalifornia.org/ is clear and conspicuous
Before a Consumer Consents to Pay: Sellers and telemarketers must give a consumer the information required by Section 310.3(a)(1) of the TSR before:
- Getting a consumer’s consent to buy – or persuading a consumer to send full or partial payment by check.
- Asking for any credit card, bank account or other payment information.
- Requesting, arranging for, or asking a consumer to request or arrange for a courier to pick up payment for the goods or services offered. Couriers include Federal Express, DHL, UPS, agents of the seller or telemarketer, or any other person who will go to a consumer’s home or other location to pick up payment for the goods or services being offered.
Pre-acquired account information is any information that enables you to cause a charge against a consumer’s account without obtaining the account number directly from the consumer during the transaction for which the consumer will be charged.
When sellers and telemarketers have pre-acquired account information, they must provide the required disclosures before the customer provides express informed consent
When sellers and telemarketers offer to sell goods or services, they must provide the consumer with material information about the offered goods or services necessary to avoid misleading consumers. The term material means likely to affect someone’s choice of goods or services or decision to make a charitable contribution, or someone’s conduct with regard to a purchase or donation.
The TSR requires sellers and telemarketers to disclose the total cost to buy, receive, or use the offered goods or services. While disclosing the total number of installment payments and the amount of each payment satisfies this requirement, the number and amount of such payments must correlate to the billing schedule that will be implemented. For example, the TSR’s requirements would not be met if you were to state the product’s cost per week if the consumer has to pay installments on a monthly or quarterly basis. The TSR also requires you to tell a consumer the total quantity of goods the consumer must pay for and receive. You must provide both these items of material information to the consumer before the consumer pays for the goods or services that are the subject of the sales offer.