(A) For MCS providers engaged in sales solicitations via phone, cellular phone, interactive multi-channel system, PCN, or other type of personal communications system, the following rules apply (unless preempted by federal or state law):
(1) Sales solicitors identify themselves as sales solicitors at the outset of the communication by saying, “I am a sale solicitor.”;
(2) Sales solicitors must not engage in bait-and-switch tactics, that is they must not initially offer a lower priced service only to inform the customer of its unavailability, or offer the lower priced service in order to pressure sale a higher priced service; and
(3) Sales solicitors must quote the full and complete cost for any service sold or subscribed to during the course of the communication.
(B) The restrictions outlined in division (A) of this section shall not apply to sales solicitations which are done or occur in the following circumstances:
(1) In response to a customer's specific request;
(2) In connection with a charitable contribution or charitable purpose for which 90% of the proceeds are delivered to a bona fide charitable organization recognized as such by Internal Revenue Service Regulations;
(C) This restriction outlined in division (A) of this section shall not apply to sales solicitations via printed material in that such printed solicitations or advertisements are deemed not as disruptive or intrusive as solicitations noted in division (A) of this section.
(Ord. 4-1994-20, passed 4-12-94) Penalty, see § 112.999