2005 Idaho Code - 54-1136 — SOLICITATION -- LIMITATIONS

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 11
                        MORTICIANS, FUNERAL DIRECTORS
                                AND EMBALMERS
    54-1136.  SOLICITATION -- LIMITATIONS. (1) The right of a seller to
lawfully advertise shall not be restrained, nor shall general advertising be
prohibited.
    (2)  Advertising and marketing of prearrangement sales contracts is
permitted provided that:
    (a)  The seller clearly identifies himself and his product.
    (b)  The seller shows his certificate of authority as provided in section
    54-1132, Idaho Code. If the marketing is by telephone, the seller must
    disclose his certificate of authority.
    (c)  The seller makes an appointment with the prospective buyer if the
    meeting is at a place other than the seller's place of business.
    (3)  Advertising and marketing of prearrangement sales contracts is
permitted provided that any contract seller shall not:
    (a)  Directly or indirectly call upon or employ any agent, assistant,
    employee, independent contracting person or any other person to call upon
    individuals or persons in hospitals, rest homes, or similar institutions
    for the purpose of soliciting prepaid contracts for making funeral or
    cemetery or final disposition arrangements without first having been
    specifically requested to do so by such person or by his next of kin.
    (b)  Solicit for dead human bodies for the purpose of providing funeral or
    cemetery services, final disposition, or cemetery or funeral merchandise
    when such solicitation occurs where death is reasonably pending or after
    death.
    (c)  Solicit or accept or pay any consideration for recommending specified
    persons to cause a dead human body to be provided funeral or cemetery
    services or funeral or cemetery merchandise, or the services of a
    crematory, mausoleum or cemetery except where such arrangement is subject
    to a prepaid contract.
    (d)  Be involved in solicitation which comprises an uninvited invasion of
    personal privacy at the personal residence of a person unless the
    solicitation has been previously and expressly requested by the person
    solicited.