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367.46955 Prohibited telephone solicitation acts and practices.
It is a prohibited telephone solicitation act or practice and a violation of KRS 367.46951 <br>to 367.46999 for any person making a telephone solicitation to engage in the following <br>conduct: <br>(1) Advertising or representing that registration as a telemarketer equals an
endorsement or approval by any government or governmental agency;
(2) Requesting a fee in advance to remove derogatory information from or improve a
person's credit history or credit record;
(3) Requesting or receiving a payment in advance from a person to recover or otherwise
aid in the return of money or any other item lost by the consumer in a prior <br>telephone solicitation transaction;
(4) Requesting or receiving payment of any fee or consideration in advance of
obtaining a loan or other extension of credit when the telemarketing company has <br>guaranteed or represented a high likelihood of success in obtaining or arranging a <br>loan or other extension of credit for a person;
(5) Obtaining or submitting for payment a check, draft, or other form of negotiable
paper drawn on a person's checking, savings, or bond or other account without the <br>consumer's express written authorization, or charging a credit card account or <br>making electronic transfer of funds except in conformity with KRS 367.46963;
(6) Procuring the services of any professional delivery, courier, or other pickup service
to obtain immediate receipt or possession of a consumer's payment, unless the <br>goods are delivered with the opportunity to inspect before any payment is collected;
(7) Assisting, supporting, or providing substantial assistance to any telemarketer when
the telemarketing company knew or should have known that the telemarketer was <br>engaged in any act or practice prohibited under this section;
(8) Making a telephone solicitation to anyone under eighteen (18) years of age. When
making a telephone solicitation the telemarketer shall inquire as to whether the <br>person is eighteen (18) years of age or older and the answer shall be presumed to be <br>correct;
(9) Utilizing any method to block or otherwise circumvent the use of a caller
identification service when placing an unsolicited telephone solicitation call;
(10) Directing or permitting employees to use a fictitious name or not to use their name
while making a telephone solicitation;
(11) Threatening, intimidating, or using profane or obscene language; <br>(12) Causing the telephone to ring more than thirty (30) seconds in an intended
telephone solicitation;
(13) Engaging any person repeatedly or continuously with behavior a reasonable person
would deem to be annoying, abusive, or harassing;
(14) Initiating a telephone solicitation call to a person, when that person has stated
previously that he or she does not wish to receive solicitation calls from that seller; <br>(15) Making or causing to be made an unsolicited telephone solicitation call if the
residential number for that telephone appears in the current publication of the
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national Do Not Call Registry maintained by the United States Federal Trade <br>Commission;
(16) Making telephone solicitations to a person's residence at any time other than
between 10 a.m. - 9 p.m. local time, at the called person's location;
(17) Selling or making available for economic gain any information revealed during a
telephone solicitation without the express written consent of the consumer;
(18) Making a telephone solicitation to any residential telephone using an artificial or
prerecorded voice to deliver a message, unless the call is initiated for emergency <br>purposes by schools regulated by the Kentucky Department of Education or the call <br>is made with the prior express consent of the called party; or
(19) Engaging in any unfair, false, misleading, or deceptive practice or act as part of a
telephone solicitation.
Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 115, sec. 2, effective June 26, 2007. -- Amended
2002 Ky. Acts ch. 21, sec. 2, effective July 15, 2002. -- Created 1998 Ky. Acts <br>ch. 581, sec. 3, effective July 15, 1998.
Legislative Research Commission Note (07/15/2002). Under the authority of KRS
7.136, the Reviser of Statutes has corrected a clearly erroneous statutory reference in <br>subsection (5) of this section as enacted in 2002 Ky. Acts ch. 21, sec. 2, by changing <br>"KRS 367.46953" to "KRS 367.46963."
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