367.570 Definitions.

372 words·~2 min read·/ky/chapter-367/367-570

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For purposes of KRS 367.570 to 367.585 unless the context requires otherwise:

(1)"Negative option plan" means a contractual plan or arrangement under which a

seller periodically sends to subscribers an announcement which identifies

merchandise (other than annual supplements to previously acquired merchandise) it

proposes to send to subscribers to such plan, and the subscribers thereafter receive

and are billed for the merchandise identified in each such announcement, unless by

a date or within a time specified by the seller with respect to each such

announcement the subscribers, in conformity with the provisions of such plan,

instruct the seller not to send the identified merchandise.

(2)"Subscriber" means any person who has agreed to receive the benefits of, and

assume the obligations entailed in, membership in any negative option plan and

whose membership in such negative option plan has been approved and accepted by

the seller.

(3)"Contract-complete subscriber" refers to a subscriber who has purchased the

minimum quantity of merchandise required by the terms of membership in a

negative option plan.

(4)"Promotional material" refers to an advertisement containing or accompanying any

device or material which a prospective subscriber sends to the seller to request

acceptance or enrollment in a negative option plan.

(5)"Selection" 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,

unless by the date or within the period specified by the seller, the subscriber

instructs the seller not to send such merchandise.

(6)"Announcement" refers to any material sent by a seller using a negative option plan

in which the selection is identified and offered to subscribers.

(7)"Form" refers to any form which the subscriber returns to the seller to instruct the

seller not to send the selection.

(8)"Return date" 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

selection.

(9)"Mailing date" 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

shipment of the selection.