44-1797.04. Disclosures by buying organization; nature of services; listing of items; warranties or guarantees; charges; criminal or civil actions

A. Each discount buying organization, immediately upon obtaining the signature of a buyer on any application or contract for discount buying services, shall provide to the buyer and shall allow the buyer to retain a copy of the following written disclosures:

1. An itemization of the services it provides, specifying:

(a) The general categories of goods which are available at the discount buying organization's place of business or warehouse.

(b) Those categories of goods which must be ordered or obtained through stores to which the discount buying organization will refer the customer.

(c) Those categories of goods which must be ordered or obtained through the mail.

2. A list of at least one hundred items sold by or through the organization or available to those who contract with the organization during the preceding one hundred twenty days. The items must be representative as to the type of items sold and the prices charged for the listed items sold during that period. If the maximum number of items available through a discount buying organization is less than one hundred, it may comply with this paragraph by furnishing a list of the total items available with a statement that those are the only items presently available. This list shall state the date on which it was prepared and identify the items by brand name, model, and total price, including the following charges, if the total price for the item or items purchased is not quoted at the time the purchase order is made:

(a) A reasonable estimate of the freight charges.

(b) A reasonable estimate of the delivery charges.

(c) A reasonable estimate of the setup charges.

(d) The organization's price markup.

(e) A reasonable estimate of any other charges.

3. In lieu of providing a buyer the list required by paragraph 2, the discount buying organization shall provide a list of at least one hundred items purchased by those who have contracted for services with the organization during the preceding one hundred twenty days. This list shall state the date on which it was prepared, identify the items by brand name, model and total price, and include the charges required by subdivisions (a) through (e) in paragraph 2, if imposed.

4. A statement of the discount buying organization's policy with respect to warranties or guarantees on goods ordered and the organization's policy with respect to the return of ordered goods, cancellation of orders by the buyer and refunds for cancellation or return of the goods purchased by the buyer.

5. With respect to any order for goods, a description of any charges, such as estimated freight charges, estimated delivery charges, estimated setup charges, seller's markup and any other charges which are incidental to the purchase of goods through the discount buying organization and which are to be paid by the buyer.

6. If any stockholder, director, officer or general or limited partner or any person or business entities exercising control or any beneficial interest in the discount buying organization:

(a) Has been convicted or pleaded nolo contendere to a felony or misdemeanor involving moral turpitude, or a violation of this article.

(b) Has been held liable in a civil action, either by final judgment or by entry of a stipulated judgment, if the civil action alleged fraud, embezzlement, racketeering, fraudulent conversion or misappropriation of property or a violation of this article or the use of untrue or misleading representations in an attempt to sell or dispose of real or personal property or the use of unfair, unlawful or deceptive business practices.

(c) Is subject to any currently effective injunction or restrictive order relating to business activity as the result of an action brought by a public agency or department, including an action affecting any vocational license, a statement so stating and including the name of the court, the date of the conviction, judgment, order or injunction and, if applicable, the name of the governmental agency that filed the action resulting in the conviction, judgment, order or injunction.

B. The discount buying organization shall disclose to the attorney general whether any employee, stockholder, director, officer, general or limited partner, or any persons or business entities exercising control or any beneficial interest in such organization:

1. Has been convicted or pleaded nolo contendere to a felony or misdemeanor involving moral turpitude, or a violation of this article.

2. Has been held liable in a civil action, either by final judgment or by entry of a stipulated judgment, if the civil action alleged fraud, embezzlement, racketeering, fraudulent conversion or misappropriation of property or a violation of this article or the use of untrue or misleading representations in an attempt to sell or dispose of real or personal property or the use of unfair, unlawful or deceptive business practices.

3. Is subject to any currently effective injunction or restrictive order relating to business activity as a result of an action brought by a public agency or department, including an action affecting any vocational license, a statement so stating and including the name of the court, the date of the conviction, judgment, order or injunction and, if applicable, the name of the governmental agency that filed the action resulting in the conviction, judgment, order or injunction.

C. The attorney general may disclose to the public information disclosed to him under subsection B.