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367.46951 Definitions for KRS 367.46951 to 367.46999 and 367.990.
As used in KRS 367.46951 to 367.46999 and 367.990, unless the context otherwise
requires:
(1) "Telephone solicitation" means:
(a) A live or recorded communication sent by a telephone or message sent
by a facsimile machine to a residential, mobile, or telephone paging
device telephone number, including a call made by an automatic dialing
or recorded message device, for the purpose of:
1.
Soliciting a sale of consumer goods or services, offering an
investment, business, or employment opportunity, or offering a
consumer loan to the person called;
2.
Obtaining information that will or may be used for the solicitation of
a sale of consumer goods or services, the offering of an investment,
business, or employment opportunity, or the offering of a consumer
loan to the person called;
3.
Offering the person called a prize, gift, or anything else of value, if
payment of money or other consideration is required in order to
receive the prize or gift, including the purchase of other merchandise
or services or the payment of any processing fees, delivery charges,
shipping and handling fees, or other fees or charges; or
4.
Offering the person called a prize, gift, or other incentive to attend a
sales presentation for consumer goods or services, an investment or
business opportunity, or a consumer loan; or
(b) A live or recorded communication sent by telephone, facsimile machine,
mobile telephone, or telephone paging device in response to inquiries
generated by unrequested notifications sent by the merchant to persons
who have not previously purchased goods or services from the merchant
or telemarketer or who have not previously requested credit from the
merchant, to a prospective purchaser if the merchant or telemarketer
represents or implies to the recipient of the notification that any of the
following applies:
1.
That the recipient has in any manner been specially selected to
receive the notification or the offer contained in the notification;
2.
That the recipient will receive a prize or gift if the recipient calls the
merchant or telemarketer; or
3.
That if the recipient buys one (1) or more items from the merchant or
telemarketer, the recipient will also receive additional or other items
of the same or a different type at no additional cost or for less than
the regular price of the items;
(2) "Telephone solicitation" does not mean the following:
(a) A telephone call made in response to an express request of a person
called, unless the request was made during a prior telephone solicitation;
(b) A telephone call made to the debtor or a party to the contract in
connection with the payment or performance of an existing debt or
contract, the payment or performance of which has not been completed at
the time of the call;
(c) A telephone call to any person with whom the telemarketer or merchant
has a prior or existing business relationship, including but not limited to
the solicitation of contracts for the maintenance or repair of items
previously purchased from the person making the solicitation or on whose
behalf the solicitation is made;
(d) A telephone call made by the following:
1.
A merchant or telemarketer located in Kentucky to a location outside
of the Commonwealth of Kentucky;
2.
A telephone call made by one (1) merchant to another;
(3) "Consumer goods or services" means goods, services, or interests in real
property used by natural persons primarily for personal, family, or household
purposes;
(4) "Consumer loan" means any extension of credit, including credit cards and
other forms of revolving credit, to a natural person primarily for the purposes of
purchasing consumer goods or services or for paying existing personal, family,
or household debts;
(5) "Consumer" means a natural person who receives a telephone solicitation;
(6) "Legal name of the merchant" means the real name of the merchant, as
defined in KRS 365.015(1), or the assumed name of the merchant for which all
proper certificates have been filed pursuant to KRS 365.015;
(7) "Merchant" means the individual or business entity offering the consumer
goods or services, an investment, business, or employment opportunity, or a
consumer loan;
(8) "Caller" or "sales person" means the individual making the call or operating the
automatic dialing or recorded message device and causing the call to be made;
(9) "Division" means the Consumer Protection Division of the Office of the
Attorney General;
(10) "Automated calling equipment" means any device or combination of devices
used to select or dial telephone numbers and to deliver recorded messages to
those numbers without the use of a live operator;
(11) "Telemarketer" means any person who under contract with a merchant or in
connection with a telephone solicitation initiates or receives telephone calls to
or from a consumer of goods and services. A telemarketer includes but is not
limited to any such person that is an owner, operator, officer, director, or
partner to the management activities of a business;
(12) "Publicly traded corporation" means an issuer or subsidiary of an issuer that
has a class of securities which is:
(a) Subject to Section 12 of the Securities Exchange Act of 1934 (15 U.S.C.
sec. 78l) and which is registered or exempt from registration under
paragraph (A), (B), (C), (E), (F), (G), or (H) of subsection (g)(2) of that
section;
(b) Listed on the New York Stock Exchange, the American Stock Exchange,
or the NASDAQ National Market System; or
(c) A reported security within the meaning of subparagraph (4) of Regulation
Section 240.11Aa3-1.(a) under the Securities Exchange Act of 1934. A
subsidiary of an issuer that qualifies for exemption under this paragraph
shall not itself be exempt unless at least sixty percent (60%) of the voting
power of its shares is owned by the qualifying issuer;
(13) "Telemarketing company" means a company whose primary business is to
engage in telephone solicitation; and
(14) "Zero call list" means the national Do Not Call Registry maintained by the
United States Federal Trade Commission containing the residential or wireless
telephone numbers of the individuals that indicate their preference not to
receive telephone solicitations.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 115, sec. 1, effective June 26, 2007. -Amended 2002 Ky. Acts ch. 21, sec. 1, effective July 15, 2002. -- Amended
1998 Ky. Acts ch. 426, sec. 573, effective July 15, 1998; and ch. 581, sec. 1,
effective July 15, 1998. -- Created 1994 Ky. Acts ch. 302, sec. 1, effective July
15, 1994; and ch. 463, sec. 1, effective July 15, 1994.
Legislative Research Commission (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been
codified together. Minor variations have been resolved by giving precedence to
Acts ch. 463 which was enacted last.
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