Solicitations to file a secretary of state document or retrieve a copy of a public record for a fee - requirements - deceptive trade practice - definition

(1) As used in this section, "solicit" or "solicitation" means to directly advertise to a person with a form or notice that could reasonably be considered a bill, invoice, or compliance obligation but that is actually an offer to sell to a person goods or services that the person did not request. "Solicit" and "solicitation" do not include: (a) A request for bona fide services that is initiated by a consumer; or (b) Advertising or marketing to a person with whom the solicitor has a bona fide, preexisting business relationship. (2) A person who, in the course of the person's business, vocation, or occupation, solicits a fee for filing a document with, or retrieving a copy of a public record from, the secretary of state shall: (a) State in the solicitation and in the same language as the solicitation: "This is an advertisement. This offer is not being made by, or on behalf of, any government agency. You are not required to make any payment or take any other action in response to this offer." This statement must be at the top of a physical document in at least twenty-four-point type and at the beginning of an electronic communication. (b) Include in the solicitation: (I) Information on where the person can file a document directly with the secretary of state or retrieve a copy of a public record; and (II) The name and physical address of the person soliciting the fee. (3) The document used for a solicitation must not be in a form or use deadline dates or other language that makes the document appear to be a document issued by a state agency or local government or that appears to impose a legal duty on the person being solicited. (4) A person who violates this section engages in a deceptive trade practice.