2009 Kentucky Revised Statutes CHAPTER 367 CONSUMER PROTECTION 367.46971 Registration of telemarketing companies doing business in this state -- Filing fee -- Renewal -- Addendum -- Written confirmation of receipt of filing -- Posting of registration statement.
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367.46971 Registration of telemarketing companies doing business in this state --
Filing fee -- Renewal -- Addendum -- Written confirmation of receipt of filing -<br>- Posting of registration statement.
(1) At least ten (10) days prior to doing business in this state, a telemarketing company
shall register with the division by filing the information described below and paying <br>a filing fee of three hundred dollars ($300). A telemarketing company shall be <br>deemed to do business in this state if the telemarketing company solicits prospective <br>purchasers from locations in this state or solicits prospective purchasers who are <br>located in this state. The information required by this section shall be submitted on <br>a form provided by the Attorney General and shall be verified by a declaration <br>signed by each principal of the telemarketing company, under penalty of perjury. <br>The declaration shall specify the date and location of signing. Information submitted <br>pursuant to KRS 367.46951 to 367.46999 shall be clearly identified and appended <br>to the filing.
(2) Registration of a telemarketing company shall be valid for one (1) year from the
effective date thereof and may be renewed annually by making the filing required by <br>this section and paying a filing fee of fifty dollars ($50).
(3) If, prior to expiration of a telemarketing company's annual registration, there is a
material change in the information required by KRS 367.46951 to 367.46999, the <br>telemarketing company shall, within ten (10) days, file an addendum updating the <br>information with the division. However, changes in salespersons soliciting on <br>behalf of a telemarketing company shall be updated by filing addenda, if necessary, <br>in quarterly intervals computed from the effective date of registration. The <br>addendum shall include the required information for all salespersons currently <br>soliciting or having solicited on behalf of the telemarketing company at any time <br>during the period between the filing of the registration, or the last addendum, and <br>the current addendum, and shall include information on salespersons no longer <br>soliciting for the telemarketing company as of the date of the filing of the current <br>addendum.
(4) Upon receiving the filing and the filing fee pursuant to this section, the division
shall send the telemarketing company a written confirmation of receipt of the filing. <br>If the telemarketing company has more than one (1) business location, the written <br>confirmation shall be sent to the telemarketing company's principal business <br>location as identified in the telemarketing company's filing in sufficient numbers so <br>that the telemarketing company can meet the requirements of this subsection. <br>Within ten (10) days of receipt of the confirmation, the telemarketing company shall <br>post in a conspicuous place at each of the telemarketing company's business <br>locations within this state a copy of the entire registration statement which has been <br>filed with the division. Until confirmation of receipt of filing is received and posted, <br>the telemarketing company shall post in a conspicuous place at each of the <br>telemarketing company's business locations within this state a copy of the first page <br>of the registration form sent to the department. The telemarketing company shall <br>also post in close proximity to either the confirmation of receipt of filing or the first
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page of the submitted registration form the name of the individual in charge of each <br>location from which the telemarketing company does business in this state.
Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 115, sec. 3, effective June 26, 2007. -- Amended
2002 Ky. Acts ch. 21, sec. 3, effective July 15, 2002. -- Created 1994 Ky. Acts <br>ch. 302, sec. 7, effective July 15, 1994; and ch. 463, sec. 7, effective July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been codified <br>together. Minor variations have been resolved by giving precedence to Acts ch. 463 <br>which was enacted last.
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