5J-5.001. Definitions

(1) As referenced in section 501.059(1)(h)1., F.S., the term “in response to an express request” means a telephonic sales call made no more than 18 months from the date of a request that:

(a) Has been made in writing, bearing the signature or electronic signature, if recognized as a valid signature under applicable federal or state law, of the person called; and,

(b) Clearly authorizes the telephone solicitor to contact the consumer called; and,

(c) Includes the specific telephone numbers by which the consumer called may be contacted.

(2) As referenced in section 501.059(1)(h)3., F.S., the term “prior or existing business relationship” means a relationship formed by a voluntary two-way communication between a telephone solicitor and a consumer with or without an exchange of consideration, on the basis of the consumer’s purchase or transaction with the entity within the eighteen (18) months immediately preceding the date of the telephonic sales call or on the basis of the consumer’s inquiry or application regarding products or services offered by the entity within the three months immediately preceding the date of the telephonic sales call, which relationship has not been previously terminated by either party.

(3) As referenced in section 501.059(5), F.S., the term “previously communicated” means:

(a) That the consumer, business or donor has communicated directly to the telephone solicitor or person; or

(b) That the consumer, business or donor has communicated to the department in the form of a written complaint and that complaint has been provided to the telephone solicitor or person as part of the department’s normal course of complaint mediation.

Rulemaking Authority 501.059(12), 570.07(23) FS. Law Implemented 501.059(1)(h), (5) FS. History–New 12-28-15, Amended 1-10-19.