2009 Kentucky Revised Statutes
CHAPTER 367 CONSUMER PROTECTION
367.570 Definitions.

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367.570 Definitions. For purposes of KRS 367.570 to 367.585 unless the context requires otherwise: <br>(1) &quot;Negative option plan&quot; means a contractual plan or arrangement under which a seller periodically sends to subscribers an announcement which identifies <br>merchandise (other than annual supplements to previously acquired merchandise) it <br>proposes to send to subscribers to such plan, and the subscribers thereafter receive <br>and are billed for the merchandise identified in each such announcement, unless by <br>a date or within a time specified by the seller with respect to each such <br>announcement the subscribers, in conformity with the provisions of such plan, <br>instruct the seller not to send the identified merchandise. (2) &quot;Subscriber&quot; means any person who has agreed to receive the benefits of, and assume the obligations entailed in, membership in any negative option plan and <br>whose membership in such negative option plan has been approved and accepted by <br>the seller. (3) &quot;Contract-complete subscriber&quot; refers to a subscriber who has purchased the minimum quantity of merchandise required by the terms of membership in a <br>negative option plan. (4) &quot;Promotional material&quot; refers to an advertisement containing or accompanying any device or material which a prospective subscriber sends to the seller to request <br>acceptance or enrollment in a negative option plan. (5) &quot;Selection&quot; refers to the merchandise identified by a seller under any negative option plan as the merchandise which the subscriber will receive and be billed for, <br>unless by the date or within the period specified by the seller, the subscriber <br>instructs the seller not to send such merchandise. (6) &quot;Announcement&quot; refers to any material sent by a seller using a negative option plan in which the selection is identified and offered to subscribers. (7) &quot;Form&quot; refers to any form which the subscriber returns to the seller to instruct the seller not to send the selection. (8) &quot;Return date&quot; refers to a date specified by a seller using a negative option plan as the date by which a form must be received by the seller to prevent shipment of the <br>selection. (9) &quot;Mailing date&quot; refers to the time specified by a seller using a negative option plan as the time by or within which a form must be mailed by a subscriber to prevent <br>shipment of the selection. Effective: July 13, 1984 <br>History: Amended 1984 Ky. Acts ch. 111, sec. 150, effective July 13, 1984. -- Created 1978 Ky. Acts ch. 304, sec. 1, effective June 17, 1978.

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