<section number="13-11-3"><effdate>5/7/2025</effdate><histories><history>Amended by Chapter <modchap sess="2025GS">442</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="13-11-3(1)">"Charitable solicitation" means any request directly or indirectly for money, credit, property, financial assistance, or any other thing of value on the plea or representation that it will be used for a charitable purpose.  A charitable solicitation may be made in any manner, including:<subsection number="13-11-3(1)(a)">any oral or written request, including a telephone request;</subsection><subsection number="13-11-3(1)(b)">the distribution, circulation, or posting of any handbill, written advertisement, or publication; or</subsection><subsection number="13-11-3(1)(c)">the sale of, offer or attempt to sell, or request of donations for any book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket, flower, flag, button, sticker, ribbon, token, trinket, tag, souvenir, candy, or any other article in connection with which any appeal is made for any charitable purpose, or where the name of any charitable organization or movement is used or referred to as an inducement or reason for making any purchase donation, or where, in connection with any sale or donation, any statement is made that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose.  A charitable solicitation is considered complete when made, whether or not the organization or person making the solicitation receives any contribution or makes any sale.</subsection></subsection><subsection number="13-11-3(2)"><subsection number="13-11-3(2)(a)">"Consumer transaction" means a sale, lease, assignment, award by chance, or other written or oral transfer or disposition of goods, services, or other property, both tangible and intangible (except securities and insurance) to, or apparently to, a person for:<subsection number="13-11-3(2)(a)(i)">primarily personal, family, or household purposes; or</subsection><subsection number="13-11-3(2)(a)(ii)">purposes that relate to a business opportunity that requires:<subsection number="13-11-3(2)(a)(ii)(A)">expenditure of money or property by the person described in Subsection <xref depth="4" refnumber="13-11-3(2)(a)" start="0">(2)(a)</xref>; and</subsection><subsection number="13-11-3(2)(a)(ii)(B)">the person described in Subsection <xref depth="4" refnumber="13-11-3(2)(a)" start="0">(2)(a)</xref> to perform personal services on a continuing basis and in which the person described in Subsection <xref depth="4" refnumber="13-11-3(2)(a)" start="0">(2)(a)</xref> has not been previously engaged.</subsection></subsection></subsection><subsection number="13-11-3(2)(b)">"Consumer transaction" includes:<subsection number="13-11-3(2)(b)(i)">any of the following with respect to a transfer or disposition described in Subsection <xref depth="4" refnumber="13-11-3(2)(a)" start="0">(2)(a)</xref>:<subsection number="13-11-3(2)(b)(i)(A)">an offer;</subsection><subsection number="13-11-3(2)(b)(i)(B)">a solicitation;</subsection><subsection number="13-11-3(2)(b)(i)(C)">an agreement; or</subsection><subsection number="13-11-3(2)(b)(i)(D)">performance of an agreement; or</subsection></subsection><subsection number="13-11-3(2)(b)(ii)">a charitable solicitation.</subsection></subsection></subsection><subsection number="13-11-3(3)">"Division" means the Division of Consumer Protection.</subsection><subsection number="13-11-3(4)">"Final judgment" means a judgment, including any supporting opinion, that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired.</subsection><subsection number="13-11-3(5)">"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, whether or not the person deals directly with the consumer.</subsection><subsection number="13-11-3(6)">"Vulnerable adult" means the same as that term is defined in Section <xref depth="3" refnumber="26B-6-201">26B-6-201</xref>.</subsection></section>