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Kentucky · Snapshot 09/05/2026

KRS 367.585: Duties of the seller.

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Where this section sits in the code
  1. KRS Chapter 367

(1) No seller in connection with the use of a negative option plan shall refuse to credit,

for the full invoiced amount thereof, the return of any selection sent to a subscriber,

and to guarantee to the postal service or the subscriber postage adequate to retu rn

such selection to the seller, when:

(a) The selection is sent to a subscriber whose form indicating that he does not

want to receive the selection was received by the seller by the return date or

was mailed by the subscriber by the mailing date;

(b) Such form is received by the seller after the return date, but has been mailed

by the subscriber and postmarked at least three (3) days prior to the return

date;

(c) Prior to the date of shipment of such selection, the seller has received from a

contract-complete subscriber, a written notice of cancellation of membership

adequately identifying the subscriber; however, this provision is applicable

only to the first selection sent to a canceling contract-complete subscriber after

the seller has received written notice of cancellation. After the first selection

shipment, all selection shipments, thereafter are deemed to be unsolicited as

defined in KRS 365.710;

(d) The announcement and form are not received by the subscriber in time to

afford him at least ten (10) days in which to mail his form.

(2) No seller shall:

(a) Fail to notify a subscriber known by the seller to be within any of the

circumstances set forth in subsection (1) of this section, that if the subscriber

elects, the subscriber may return the select ion with return postage guaranteed

and receive a credit to his account.

(b) Refuse to ship within four (4) weeks after receipt of an order merchandise due

subscribers as introductory and bonus merchandise, unless the seller is unable

to deliver the merchan dise originally offered due to unanticipated

circumstances beyond the seller's control and promptly makes a reasonably

equivalent alternative offer. However, where the subscriber refuses to accept

alternatively offered introductory merchandise, but instead insists upon

termination of his membership due to the seller's failure to provide the

subscriber with his originally requested introductory merchandise, or any

portion thereof, the seller must comply with the subscriber's request for

cancellation of membe rship, provided the subscriber returns to the seller any

introductory merchandise which already may have been sent him.

(c) Fail to terminate promptly the membership of a properly identified contract -

complete subscriber upon his written request.

(d) Ship, without the express consent of the subscriber, substituted merchandise

for that ordered by the subscriber.

Collected 2026-09-05T20:59:04Z. Source file · JSON

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